The Bill extending constitutional status to the National Commission for Backward Classes (NCBC) was cleared unanimously by the Rajya Sabha. The Lok Sabha had passed the proposed law on August 2 with more than a two-thirds majority.
In the Upper House, the Constitution (123rd Amendment) Bill, 2017, was adopted by all the present 156 members, incorporating certain amendments made by the Lok Sabha.
The National Commission for Backward Classes (NCBC) would get constitutional status after half of the states approve it with a simple majority and President Ram Nath Kovind gives his nod to the legislation.
Several Opposition members, however, recommended that the government should make public the caste census findings, based on which the reservation policy should be formulated.
Changes in the Constitution :-
Article 338-B will be inserted in the Constitution after this amendment gets approved by half of the states and President gave nod to this.
According to Article 338-B to state “There shall be a commission for the socially and educationally backward classes to be known as National Commission for Backward Classes”.
Article 342-A will be inserted which empowers the President to notify the list of socially and educationally backward classes of that state / union territory.
In case of a state, president will make such notification after consultation with the Governor. Under the same article, it is proposed that parliament by making a law can include or exclude the classes from the central list of backward classes.
Powers of NCBC :-
- NCBC will have all the powers of Civil Courts.
- Its powers include summoning and enforcing the attendance of any person from any part of India & Examining him on oath.
- It can ask for production of any documents, received evidence on affidavits.