NCBC – an empowered body

• 102ndConstitution Amendment Act, 2018 provides constitutional status to the National Commission for Backward Classes (NCBC).
• It has the authority to examine complaints and welfare measures regarding socially and educationally backward classes.
• Previously NCBC was a statutory body under the Ministry of Social Justice and Empowerment.

Enhanced role of NCBC

• Under the old NCBC Act, the Commission merely has the power to recommend inclusion or exclusion of communities in the OBC list.
• The new Bill will allow it to look into all matters regarding the welfare and development of backward classes, as well as to investigate complaints.
• Currently, the Scheduled Castes Commission, which looks into cases of atrocities against Dalits, is also in charge of hearing grievances from OBCs.
• The amended Bill will give the Commission powers equivalent to that of a civil court.
• To investigate any matter deeply, NCBC will have the power to “summon and enforce” the presence of any person from any part of India and also examine them. 
• NCBC can also demand any document, receive evidence on affidavits, obtain any other records from the court or police and also issue a commission for the examination of witnesses and documents.
• It is aimed at providing justice to the socially and educationally backward sections of the society. 
• NCBC will address the concerns of the backward classes and bring social equality in society. 
• NCBC would help the backward classes people fight atrocities against them and ensure quick justice to them. 

Concerns

• Mere Acts will not do as they did not percolate down to the grassroots level, as recent data showed that only 7 out of 100 teachers in the Central Universities belonged to SC/ST and OBC categories. 
• OBCs have negligible presence in the Supreme Court and high courts. 
• Skewed representation of OBCs in various committees, commissions, boards and other different forums of the government. 
• The recommendations of the commissions are not binding on the government. 
• Critics argue about the scope of reservation at the time when NITI Aayog is promoting public-private partnership and privatization of public sector undertakings. 
• The SC/ST commissions have had judicial powers all along. There is a provision that these commissions have to present annual reports to the parliament each year based on the action taken reports (ATR) submitted by each ministry on the recommendations previously made. 
• But since hardly any ministry has submitted the ATR, the commissions have not presented their annual reports in the last 10 to 15 years. 
• So, giving the constitutional status to the NCBC is fine but implementation will remain the key

Looking ahead

While giving NCBC constitutional status is a step in the right direction, However, only by giving NCBC a constitutional status will not be enough to improve the socio-economic condition of the OBC community and along with this number of other steps are required which include  

• Proper representation of backward classes of the deprived sections to join the national mainstream. 
• The government must make public the findings of the caste census and implement reservation accordingly. 
• The sub-categorization of OBCs will ensure increased access to benefits such as reservations in educational institutions and government jobs for less dominant OBCs. 
• Political parties should “rise above vote bank politics and work towards social justice”.
• Government should launch a separate skill development program for the OBC community.