BJP’S OBC pitch: how stronger new backward classes panel will function

AT ITS National Executive held in Bhubaneswar over the weekend, the BJP passed a separate resolution hailing Prime Minister Narendra Modi for the Bill seeking to grant constitutional status to the National Commission for Backward Classes, and accused the Congress and other Opposition parties of being “anti-backward castes”. It is politically vital for the BJP to consolidate and deepen its base among OBCS. What is the Constitution (One Hundred and Twentythird Amendment) Bill, 2017?

What is the new amendment about?

The government seeks to repeal the National Commission for Backward Classes Act, 1993, and has introduced The Constitution (One Hundred and Twentythird Amendment) Bill, 2017, to accord constitutional status to the National Commission for Backward Classes. The Bill, passed by Lok Sabha last week, will insert Article 338B into the Constitution after Articles 338 and 338A which deal with the National Commissions for Scheduled Castes (SC) and Scheduled Tribes (ST) respectively. The proposed Article 338B states: “There shall be a Commission for the socially and educationally backward classes to be known as the National Commission for Backward Classes.” The government had earlier proposed that a National Commission for Socially and Educationally Backward Classes should replace the NCBC; however, after objections by OBC leaders, it decided against a change of nomenclature.

How does making the NCBC a constitutional body help?

Under the NCBC Act, the Commission merely has the power to recommend inclusion or exclusion of communities in the OBC list. The new Bill, once passed by Parliament, 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 — which mostly pertain to the non-implementation of reservations in jobs and educational institutes.

The amended Bill will give the Commission powers equivalent to that of a civil court. It will be able to summon any person, ask for a document or public record, and receive evidence on affidavits. Union and state governments will have to consult the Commission on all significant policy matters affecting the socially and educationally backward classes. The Commission, which will have a chairperson, vice-chairperson and 3 members, will regulate its own proceedings.

So why has the Bill become contentious? to a Select Committee. The 25-member Committee, headed by BJP member Bhupender Yadav, will submit its report during the Monsoon Session. However, this also means that there would be no NCBC in place unless the Bill is passed, as the term of the last member of the NCBC ended on February 13 and no appointments have been made since then in anticipation of the new Bill.