President Gives Assent to Bill Providing Constitutional Validity to NCBC (Download PDF)

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Parliament has passed Constitution (123rd Amendment) Bill, 2017 that seeks to provide constitutional status to National Commission for Backward Classes (NCBC). Bill will be sent to President for his assent (as per 368 of Constitution).

President gives assent to bill providing cons. validity to NCBC

President Gives Assent to Bill Providing Cons. Validity to NCBC

Image of President gives assent to bill providing constitutional validity to NCBC

Parliament passed separate bill to repeal National Commission for Backward Classes Act, 1993 as it will become irrelevant once Constitution (123rd Amendment) Bill comes into force.

Key Features of Bill

  • Constitution (123rd Amendment) Bill provides for granting of constitutional status to NCBC on par w/National Commission for Scheduled Castes (NCSC) & National Commission for Scheduled Tribes (NCSTs).

  • It empowers President to specify socially & educationally backward classes in various states & union territories in consultation w/Governor of concerned state.

  • Bill provides duties of NCBC to investigate & monitor safeguards provided to socially & educationally backward classes under Constitution & other laws being implemented & probe specific complaints regarding violation of rights.

  • It provides NCBC w/powers of civil court while probing any complaint against notified socially & educationally backward classes.

Background of the Bill

  • Constitutional Amendment Bill was 1st passed w/over 2/3rd majority, w/all 406 members present voting in favour.

  • It had passed bill by superseding amendments suggested by earlier by Rajya Sabha by incorporating alternate amendments as well as some more changes.

  • Bill passed by Lok Sabha was again passed by Rajya Sabha in same format w/absolute majority & over 2/3rd majority of members present & voting (All 156 members present in house voted in favour of bill).

  • Lok Sabha in April 2017 (Budget session 2017) had passed Constitution (123rdAmendment) Bill, 2017 & sent it to Rajya Sabha.

  • In July 2017 (during 2017 Monsoon session), Rajya Sabha passed bill after incorporating certain amendments moved by Congress-led opposition & returned it to Lok Sabha for ratification of amendments.

  • Amendments had increased 3 member NCBC to 5 members so as give representation to woman & person from minority community.

  • It had mandated that all 5 members should necessarily be from OBC communities.

  • It had added another amendment sought to protect federal structure by giving states significant role in making recommendation to list.

  • Union govt. had agreed to appoint one woman member from backward classes in NCBC. Other amendments were rejected.

- Published/Last Modified on: November 29, 2018

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