CONSTITUTIONAL PROVISIONS:
The Supreme Court of India in its Judgement dated 16.11.1992 in Writ Petition (Civil) No. 930 of 1990 – Indira Sawhney & Ors. Vs. Union of India and Ors. - directed the Govt. of India, State Govts. and UT Administrations 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 OBCs.
In pursuance of the direction of the Supreme Court, the Govt. of India enacted the National Commission for Backward Classes Act, 1993 (Act No. 27 of 1993) and set up a National Commission for Backward Classes at the Centre.
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 article reads as under :-
“ 340. Appointment of a Commission to investigate the conditions of backward classes - (1) The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of the socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the Union or any state and the conditions subject to which such grants should be made, and the order appointing such commission shall define the procedure to be followed by the Commission.
(2) A Commission so appointed shall investigate the matters referred to them and present to the President a report setting out the facts as found by them and make such recommendations as they think proper.
(3) The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each house of Parliament. ”
FUNCTIONS OF THE COMMISSION UNDER THE ACT
Under Section 9(1) of the National Commission for Backward Classes Act, 1993 the Commission shall examine requests for inclusion of any class of citizens as a backward class in the Central List of Backward Classes and hear complaints of over-inclusion or under-inclusion of any backward class in the lists and tender such advice to the Central Government as it deems appropriate.
Under Section 9(2) of the Act, "The advice of the Commission shall ordinarily be binding upon the Central Government".
Under Section 11(1) of the Act, the Central Government may at any time, and shall, at the expiration of ten years from the coming into force of this Act and every succeeding period of ten years thereafter, undertake revision of the lists with a view to excluding from such lists those classes who have ceased to be backward classes or for including in such lists new backward classes.
Under Section 11(2) of the Act, the Central Government shall, while undertaking any revision referred to in sub-section (1) consult the Commission.
The Composition and tenure of the Commissions are as under :
| A. from 1993 - 1996 | |||
| 1. | Chairperson | Justice (Retd.) R.N. Prasad | From 23.8.93 to 22.8.96 |
| 2. | Member-Secretary | Shri P.S. Krishnan | From 15.8.93 to 14.8.96 |
| 3. | Member | Dr. Dhirubhai L. Seth | From 23.8.93 to 22.8.96 |
| 4. | Member | Dr. Dinesh Singh Yadav | From 18.8.93 to 17.8.96 |
| 5. | Member | Dr. R. Prasannan | From 05.9.93 to 04.8.96 |
| B. from 1997 - 2000 | |||
| 1. | Chairperson | Justice (Retd.) Shyam Sunder | From 07.4.97 to 06.4.2000 |
| 2. | Member-Secretary | Shri P.S. Krishnan | From 27.2.97 to 28.2.2000 |
| 3. | Member | Shri Akshay Bhai Sahu | From 05.3.97 to 04.3.2000 |
| 4. | Member | Prof. Uday Pratap Singh | From 05.3.97 to 04.3.2000 |
| 5. | Member | Shri Navtej Singh Puadhi | From 05.3.97 to 16.8.98 |
| 6. | Member | Shri M.S. Matharoo | From 14.7.99 to 13.7.2002 |
| C. from 2000-2003 | |||
| 1. | Chairperson | Justice (Retd.)B.L. Yadav | From 21.8. 2000 - 24.3.2002 |
| 2. | Chairperson | Justice (Retd.)Ram Surat Singh | From 13.8.2002 to 12.8.2005 |
| 3. | Member-Secretary | Shri C.T. Benjamin | From 01.8.2000 to 31.7.2003 |
| 4. | Member | Shri M.S. Matharoo | From 14.7.99 to 13.7.2002 |
| 5. | Member | Dr. B.M. Das | From 28.8.2000 to 27.8.2003 |
| 6. | Member | Smt. Neera Shastri | From 03.8.2000 to 02.8.2003 |
| D. from 2003-2005 | |||
| 1. | Chairperson | Justice (Retd.)Ram Surat Singh | From 13.8.2002 to 12.8.2005 |
| 2. | Member | Shri M.S. Matharoo | From 19.08.2002 to 18.8.2005 |
| 3. | Member | Smt. Neera Shastri | From 29.9.2003 to 28.9.2006 |
| 4. | Member | Dr. B. Babu Rao Varma | From 06.10.2003 to 05.10.2006 |
| 5. | Secretary | Smt. Chitra chopra | From 04.8.2003 to 30.07.2004 |
| 6. | Member-Secretary | Shri S.K. Purkayastha | From 09.08.2004 to 08.8.2007 |
| E. 2005-2006 | |||
| 1. | Chairperson | Justice (Retd.) S. Ratnavel Pandian | From 14.08.2006 to 30-05-2010 |
| 2. | Member-Secretary | Shri S.K. Purkayastha | From 09.08.2004 to 08.8.2007 |
| 3. | Member | Smt. Neera Shastri | From 29.9.2003 to 28.9.2006 |
| 4. | Member | Dr. B. Babu Rao Verma | From 6.10.2003 to 05.1.2006 |
| 5. | Member | Shri. Yogeshwar Prasad yogesh | From 10.03.2006 to 31.5.2007 |
| F. (Existing) | |||
| 1. | Chairperson | Justice (Retd.) M. Narayana Rao | From 31-05-2010 onwards |
| 2. | Member-Secretary | Smt. Chitra Chopra | (11.11.2008 onwards) |
| 3. | Member | Dr. Subba Somu | (28.03.2007 onwards) |
| 4. | Member | Shri Ram Awadhesh Singh | (08-06-2007 onwards) |
| 5. | Member | Shri. Abdul Ali Azizi | (15-10-2007 onwards) |
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