Article 338B, and the National Commission for Backward Classes

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Article 338B, inserted by the One Hundred and Second Amendment in 2018, establishes the National Commission for Backward Classes in terms identical to articles 338 and 338A, replacing a statutory body.

What article 338B provides

The same structure. A Commission for the socially and educationally backward classes; a Chairperson, a Vice-Chairperson and three other Members appointed by the President by warrant under hand and seal, with conditions of service and tenure fixed by Presidential rule; power to regulate its own procedure.

The same duties, in clause (5): to investigate and monitor all matters relating to the safeguards provided for the socially and educationally backward classes under the Constitution, any law or any Government order, and to evaluate their working; to inquire into specific complaints with respect to the deprivation of rights and safeguards; to participate and advise on the planning process of socio-economic development and to evaluate the progress of their development; to present reports to the President annually and at such other times as it may deem fit; to make recommendations as to the measures that should be taken by the Union or any State for effective implementation and for protection, welfare and socio-economic development; and to discharge such other functions as the President may by rule specify subject to any law of Parliament.

The same accountability, in clauses (6) and (7): reports laid before each House with a memorandum of action taken and the reasons for non-acceptance, and a State-related report forwarded to the Governor and laid before the State Legislature with a similar memorandum.

The same powers, in clause (8): all the powers of a civil court trying a suit while investigating under clause (5)(a) or inquiring under clause (5)(b), including summoning any person from any part of India, discovery and production, evidence on affidavits, requisitioning public records and issuing commissions.

And the same consultation duty, in clause (9): the Union and every State Government shall consult the Commission on all major policy matters affecting the socially and educationally backward classes.

Why the change was made

Three reasons.

Because the previous body was statutory and could be abolished by an Act. Constitutional status secures existence, duties and the consultation right against ordinary legislation, and the four reasons set out in [Article 338, and the National Commission for Scheduled Castes] apply here.

Because the previous body's remit was confined to inclusion and exclusion. The statutory commission's principal function had been to examine requests for inclusion in the central list and complaints of over-inclusion; article 338B's clause (5) gives the wider duties of monitoring safeguards, inquiring into complaints and advising on planning.