Beating the Rhetoric
In the past two years communities across India have been agitating on grounds of increasing reservation. Most of these have spread to communities often classified as privileged. Whether Jats in Haryana ,Kapus in Andhra Pradesh, Patels in Gujarat or Marathas in Maharashtra most of these communities have been traditionally earmarked as the powerful landed elite. Yet almost all of them are on the streets today demanding reservation. Such actions signal a number of different issues. A stagnant economy with less new jobs being created, stagnant agriculture compounded with natural disasters has upset the balance of the rural economy. This has thus evoked unrest among the rural landed communities who now seek government jobs to protect their livelihood. Little do people realize that government jobs account for only 2% of total jobs in the job market. But such protests do point to the fact that the agrarian landed community is in turmoil and in need of support.
Keeping this in mind the government has embarked on a number of incentives aimed at improving the conditions of all communities. And one among these steps is the bill introduced in the parliament on the National Commission on Backward Classes. It seeks to grant the National Commission on Backward Classes (NCBC) constitutional status, at par with the National Commission for Scheduled Castes (NCSC) and the National Commission for Scheduled Tribes.
Presently under the existing system of the Constitution the NCSC has the power to look into complaints and welfare measures with regard to Scheduled Castes, backward classes and Anglo-Indians. This Bill seeks to remove the power of the NSCS to look into complaints and welfare measures with regard to those falling within the scope of people belonging to the Other Backward Classes.
The Constitution while granting power to the National Commission of Scheduled Castes has not done the same for the Backward Classes. The NCBC was a body set up under the National Commission for Backward Classes Act, 1993. It has the power to examine complaints regarding inclusion or exclusion of groups within the list of backward classes, and advise the central government in this regard. Yet it does have the statutory powers like the NCSC enjoys. And in the years since its formation the trend has been that generally cases pertaining to NCSC often restrict to issues effecting the Scheduled Castes while the Other Backward Classes get much less attention. The Bill seeks to establish the NCBC under the Constitution, and provide it the authority to examine complaints and welfare measures regarding socially and educationally backward classes. The Bill was introduced alongside the National Commission for Backward Classes (Repeal) Bill, 2017 that seeks to repeal the National Commission for Backward Classes Act, 1993.
The Constitution Amendment Bill states that the President may specify the socially and educationally backward classes in the various states and union territories. He may do this in consultation with the Governor of the concerned state. However, a law of Parliament will be required if the list of backward classes is to be amended. Under the Constitution Amendment Bill, the NCBC will comprise of five members appointed by the President. Their tenure and conditions of service will also be decided by the President through rules.
Under the Constitution Amendment Bill, the duties of the NCBC will include: (i) investigating and monitoring how safeguards provided to the backward classes under the Constitution and other laws are being implemented, (ii) inquiring into specific complaints regarding violation of rights, and (iii) advising and making recommendations on socio-economic development of such classes. The central and state governments will be required to consult with the NCBC on all major policy matters affecting the socially and educationally backward classes.
The NCBC will be required to present annual reports to the President on working of the safeguards for backward classes. These reports will be tabled in Parliament, and in the state legislative assemblies of the concerned states. Under the Constitution Amendment Bill, the NCBC will have the powers of a civil court while investigating or inquiring into any complaints. These powers include: (i) summoning people and examining them on oath, (ii) requiring production of any document or public record, and (iii) receiving evidence
This Commission will indeed give a new fillip to the social justice milieu of the country. If implemented right the establishment of this commission can give a much needed reassurance to the communities who feel left behind. In the larger scheme of things seen right this is one of those affirmative action’s which can take the nation forward.
- (Views expressed by the author are personal)