Constitution 338B — National Commission for Backward Classes

The Constitution of India, 1950

Statutory text

(1) There shall
be a Commission for the socially and educationally backward classes to be
known as the National Commission for Backward Classes.
(2) Subject to the provisions of any law made in this behalf by
Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson
and three other Members and the conditions of service and tenure of office of
the Chairperson, Vice-Chairperson and other Members so appointed shall be
such as the President may by rule determine.
(3) The Chairperson, Vice-Chairperson and other Members of the
Commission shall be appointed by the President by warrant under his hand and
seal.
(4) The Commission shall have the power to regulate its own procedure.
(5) It shall be the duty of the Commission—
(a) to investigate and monitor all matters relating to the safeguards
provided for the socially and educationally backward classes under this
Constitution or under any other law for the time being in force or under
any order of the Government and to evaluate the working of such
safeguards;
(b) to inquire into specific complaints with respect to the
deprivation of rights and safeguards of the socially and educationally
backward classes;
(c) to participate and advise on the socio-economic development
of the socially and educationally backward classes and to evaluate the
progress of their development under the Union and any State;
(d) to present to the President, annually and at such other times as
the Commission may deem fit, reports upon the working of those
safeguards;
(e) to make in such reports the recommendations as to the
measures that should be taken by the Union or any State for the effective
implementation of those safeguards and other measures for the
protection, welfare and socio-economic development of the socially and
educationally backward classes; and
(f) to discharge such other functions in relation to the protection,
welfare and development and advancement of the socially and
educationally backward classes as the President may, subject to the
provisions of any law made by Parliament, by rule specify.
(6) The President shall cause all such reports to be laid before each
House of Parliament along with a memorandum explaining the action taken or
proposed to be taken on the recommendations relating to the Union and the
reasons for the non-acceptance, if any, of any such recommendations.
(7) Where any such report, or any part thereof, relates to any matter with
which any State Government is concerned, a copy of such report shall be
forwarded to the State Government which shall cause it to be laid before the
Legislature of the State along with a memorandum explaining the action taken
or proposed to be taken on the recommendations relating to the State and the
reasons for the non-acceptance, if any, of any of such recommendations.
(8) The Commission shall, while investigating any matter referred to in
sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of
clause (5), have all the powers of a civil court trying a suit and in particular in
respect of the following matters, namely :—
(a) summoning and enforcing the attendance of any person from
any part of India and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any
court or office;
(e) issuing commissions for the examination of witnesses and
documents;
(f) any other matter which the President may by rule, determine.
(9) The Union and every State Government shall consult the
Commission on all major policy matters affecting the socially and
educationally backward classes:

Provided that nothing in this clause shall apply for the purposes of
clause (3) of article 342A.

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