State commission gets statutory backing
CHANDIGARH: The Haryana assembly on Tuesday also passed the Haryana Backward Classes Commission Bill, 2016, to set up a permanent statutory mechanism for examining requests of inclusion and complaints of over-exclusion and underinclusion of backward classes of citizens. The Bill said the advice of the commission shall ordinarily be binding on the state government.
As per the statement of objects and reasons of the Bill, the state government has power to create a permanent mechanism in the nature of a commission for examining the referred issues and the matters connected to other backward classes and to advise the government. Since 1990 various backward classes commissions have been constituted but without a statutory backing. HC JUDGE TO HEAD COMMISSION
The Bill said the commission shall consist of members to be nominated by the state government. It will have a chairperson who is or has been a high court judge. The members would include a social scientist, two persons who have special knowledge in matters relating to backward classes and a member-secretary, who is or has been an officer of the state government not below the rank of secretary to the government. Every member shall hold office for a term of three years. A member may resign from his office at any time. The state government can remove a member if he becomes an undischarged insolvent or is convicted and sentenced to imprisonment for an offence which in the opinion of the state government involves moral turpitude.
The commission will have all the powers of a civil court trying a suit and in particular, in respect of the matters, including summoning and enforcing the attendance of any person from any part of the country and examining him on oath; requiring the discovery and production of any document; receiving evidence on affidavits; requisitioning any public record or copy thereof from any court or office; issuing commissions for the examination of witnesses and documents; and any other matter which may be prescribed. QUOTA REVISION EVERY 10 YEARS
The state government, may at any time, and shall at the expiry of 10 years from the coming into force of this Act and every succeeding period of 10 years thereafter, undertake the revision of the backward classes, the Bill said. WHY STATUTORY BACKING?
Since the grant of quota to Jats and four other castes based on the recommendations of Justice KC Gupta Commission was challenged in the Punjab and Haryana high court, it was decided by the present government to give statutory status to the Haryana Backward Classes Commission on the pattern of National Commission for Backward Classes, whose advice shall ordinarily be binding upon the state government, the statement of objects and reasons said.
Article 340 of the Constitution provides for the appointment of a commission to investigate the conditions of and the difficulties faced by the socially and educationally backward classes and to make appropriate recommendations.
The Supreme Court in Indira Sawhney judgment, too, had directed state governments to constitute a permanent body in the nature of a commission or tribunal for entertaining, examining and recommending upon requests for inclusion and complaints of over-inclusion and under- inclusion in the list of other backward classes of citizens.