Understanding the powers and duties of National Commission for BCs
Hyderabad: This article is in continuation of last article on National Commission for Backward Classes https://telanganatoday.com/national-commission-for-backward-classes. ARTICLE 338B: (1) There shall be a Commission for the socially and educationally backward classes to be known as the National Commission for Backward Classes. (2) Subject to the provisions of any law made in this behalf by Parliament, […]
Hyderabad: This article is in continuation of last article on National Commission for Backward Classes https://telanganatoday.com/national-commission-for-backward-classes.
ARTICLE 338B:
(1) There shall be a Commission for the socially and educationally backward classes to be known as the National Commission for Backward Classes.
(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of:
• Chairperson,
• Vice-Chairperson and three other Members
(3) The conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine.
Appointment: The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.
(4) The Commission has the power to regulate its own procedure.
(5)It is the duty of the Commission—
(a) to investigate and monitor all matters relating to the safeguards provided for the socially and educationally backward classes under the Constitution or any other law which is in force and to evaluate the working of such safeguards;
(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the socially and educationally backward classes;
(c) to participate and advise on the socio-economic development of the socially and educationally backward classes and to evaluate the progress of their development under the union and any State;
(d) A report is presented either annually or any other time as decided by the commission to present to the President, upon the working of those safeguards;
(e) to make in such reports the recommendations as to the measures that should be taken by the union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the socially and educationally backward classes; and
(f ) to discharge such other functions in relation to the protection, welfare and development and advancement of the socially and educationally backward classes as the President may, subject to the provisions of any law made by Parliament, by rule specify.
(6) The President lays all such reports before each House of Parliament or the concerned state legislature along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the union and the reasons for the non-acceptance, if any, of any of such recommendations.
(7) The Commission while investigating any matter or inquiring into any complaint referred above has all the powers of a civil court trying a suit and in particular in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses and documents;
(f) any other matter which the President may, by rule, determine.
(8) The union and every State Government shall consult the Commission on all major policy matters affecting the socially and educationally backward classes.
ARTICLE 342A
(1) The President may with respect to any State or union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the socially and educationally backward classes which will be deemed to be socially and educationally backward classes in relation to that State or union territory,
(2) Parliament may by law include in or exclude from the Central List of socially and educationally backward classes specified in a notification issued under above any socially and educationally backward class.
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