MEMBERS' REFERENCE SERVICE LARRDIS LOK SABHA SECRETARIAT, NEW DELHI LEGISLATIVE NOTE. No.17/LN/Ref./July/2017

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1 MEMBERS' REFERENCE SERVICE LARRDIS LOK SABHA SECRETARIAT, NEW DELHI LEGISLATIVE NOTE No.17/LN/Ref./July/2017 For the use of Members of Parliament NOT FOR PUBLICATION 1 THE CONSTITUTION (ONE HUNDRED AND TWENTY- THIRD AMENDMENT) BILL, 2017 Prepared by Smt. Sunanda Das Mohanty, Additional Director ( ) and Shri Sham Lal Dogra, Deputy Director of Lok Sabha Secretariat under the supervision of Shri Atul Kaushik, Additional Secretary, Smt. Kalpana Sharma, Joint Secretary and Dr. P. J. Antony, Director. The reference material is for personal use of the Members in the discharge of their Parliamentary duties, and is not for publication. This Service is not to be quoted as the source of information as it is based on the sources indicated at the end/in the text.

2 THE CONSTITUTION (ONE HUNDRED AND TWENTY-THIRD AMENDMENT) BILL, INTRODUCTION The Constitution (123rd Amendment) Bill, seeks constitution of a Commission under Article 338 B for Socially and Educationally Backward Classes by the name National Commission for Backward Classes. It also seeks to grant the National Commission on Backward Classes (NCBC) constitutional status, at par with the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes and make it more empowered. SALIENT FEATURES OF THE BILL Power of NCSC: The Bill seeks to remove the powers of the National Commission for Scheduled Castes (NCSC) to examine matters related to Backward Classes. At present, the NCSC is empowered to look into the grievances and complaints of discrimination against the Other Backward Classes also. Constitutional status to National Commission for Backward Classes: The Bill seeks to create the NCBC under the Constitution, in order to safeguard the interests of the Socially and Educationally Backward Classes more effectively. The NCBC was constituted under the National Commission for Backward Classes Act, It had the power to examine requests regarding inclusion or exclusion of any Backward Class in such list of Backward Classes, and advise the Central Government in that regard. This Bill was introduced alongside the National 1 The Constitution (One Hundred and Twenty-third Amendment) Bill, 2017 was introduced in the Lok Sabha by the Union Minister of Social Justice and Empowerment, Shri Thaawarchand Gehlot on 5 April The Bill was referred to the Parliamentary Committee on 17 April 2017 and was asked to submit Report by the last day of the 1 st week of Monsoon Session of Parliament, For Objects and Reasons of the Bill, please see Annexure-I.

3 Commission for Backward Classes (Repeal) Bill, 2017 that seeks to repeal the National Commission for Backward Classes Act, Socially and Educationally Backward Classes: The President may specify by public notification the Socially and Educationally Backward Classes in the various States and Union Territories which shall for the purpose of the Constitution be deemed to be Socially and Educationally Backward Classes in relation to that State/ Union Territory as the case may be (by insertion of a new Article i.e. 342 A after Article 342). In the case of a State, the President may do so after consultation with the Governor of the concerned State. Composition and Conditions of service: The NCBC will comprise of a Chairperson, Vice-Chairperson and three other members. Their tenure and conditions of service will also be decided by the President through rules. Duties of the NCBC: The duties of the NCBC will include: (i) investigating and monitoring all matters relating to the safeguards provided for the Socially and Educationally Backward Classes under the Constitution and any other law being implemented, (ii) inquiring into specific complaints with respect to deprivation of rights, and (iii) advising on the development of Socially and Educationally Backward Classes. The NCBC will also be required to present annual reports to the President on the working of the safeguards for Backward Classes which will be tabled in Parliament, and in the State Legislative Assemblies of the concerned States. Powers of a Civil Court: The NCBC will have all the powers of a Civil Court while investigating or inquiring into any matter or complaints referred to which include: (i) summoning and enforcing the attendance of any person and examining them on oath, (ii) requiring the discovery and production of any document or public record, and (iii) receiving evidence on affidavits etc. 2

4 3 HIGHLIGHTS OF THE BILL The Repealing Bill states that after the setting up of the National Commission of Backward Classes under the Constitution, the Act (The National Commission for Backward Classes Act, 1933) will become redundant, and therefore, may be repealed. Further the Bill states that the Repeal of the Act will not affect any rights, privileges or liabilities acquired under the Act, or any penalty incurred because of previous violation of the Act, etc.

5 Annexure-I STATEMENT OF OBJECTS AND REASONS The National Commission for the Scheduled Castes and Scheduled Tribes came into being consequent upon passing of the Constitution (Sixty-fifth Amendment) Act, The said Commission was constituted on 12th March, 1992 replacing the Commission for the Scheduled Castes and Scheduled Tribes set up under the Resolution of Under article 338 of the Constitution, the National Commission for the Scheduled Castes and Scheduled Tribes was constituted with the objective of monitoring all the safeguards provided for the Scheduled Castes and the Scheduled Tribes under the Constitution or other laws. 2. Vide the Constitution (Eighty-ninth Amendment) Act, 2003, a separate National Commission for Scheduled Tribes was created by inserting a new article 338A in the Constitution. Consequently, under article 338 of the Constitution, the reference was restricted to the National Commission for the Scheduled Castes. Under clause (10) of article 338 of the Constitution, the National Commission for Scheduled Castes is presently empowered to look into the grievances and complaints of discrimination of Other Backward Classes also. 3. In the year 1992, the Supreme Court of India in the matter of Indra Sawhney and others Vs. Union of India and others (AIR 1993, SC 477) had directed the Government of India to constitute a permanent body for entertaining, examining and recommending requests for inclusion and complaints of over-inclusion and under-inclusion in the Central List of Other Backward Classes. Pursuant to the said Judgment, the National Commission for Backward Classes Act was enacted in April, 1993 and the National Commission for Backward Classes was constituted on 14th August, 1993 under the said Act. At present the functions of the National Commission for Backward Classes is limited to examining the requests for inclusion of any class of citizens as a backward class in the Lists and hear complaints of over-inclusion or under-inclusion of any backward class in such lists and tender such advice to the Central Government as it deems appropriate. Now, in order to safeguard the interests of the Socially and Eduationally Backward Classes more effectively, it is proposed to create a National Commission for Backward Classes with constitutional status at par with the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes.

6 4. The National Commission for the Scheduled Castes has recommended in its Report for that the handling of the grievances of the Socially and Educationally Backward Classes under clause (10) of article 338 should be given to the National Commission for Backward Classes. 5. In view of the above, it is proposed to amend the Constitution of India, inter alia, to provide the following, namely: (a) to insert a new article 338 so as to constitute the National Commission for Backward Classes which shall consist of a Chairperson, Vice-Chairperson and three other Members. The said Commission will hear the grievances of Socially and Eduationally Backward Classes, a function which has been discharged so far by the National Commission for Scheduled Castes under clause (10) of article 338; and (b) to insert a new article 342A so as to provide that the President may, by public notification, specify the Socially and Eduationally Backward Classes which shall for the purposes of the Constitution be deemed to be Socially and Eduationally Backward Classes. 6. The Bill seeks to achieve the above objectives. NEW DELHI; THAAWARCHAND GEHLOT. The 30th March, 2017.