What is Article 338B of Indian Constitution – Defination & Meaning

Article 338B: National Commission for Backward Classes (1) There shall be a Commission for the socially and educationally backward classes to be known as the
📅 Part XVI – Special Provisions Relating to Certain Classes
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Article Number

338B

part

Part XVI – Special Provisions Relating to Certain Classes

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Active

Bare Acts Text

Article 338B: National Commission for Backward Classes

  • (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, it 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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Full Definition & Explanation

Article 338B of the Indian Constitution establishes the National Commission for Backward Classes (NCBC). This Commission focuses on the welfare of socially and educationally backward classes. It investigates and monitors the safeguards provided to these groups under the Constitution and other laws. This helps protect their rights and ensures they receive necessary support and opportunities. The Commission plays a key role in assessing the effectiveness of these safeguards and making recommendations for improvements. The NCBC consists of a Chairperson, a Vice-Chairperson, and three other members. These officials are appointed by the President of India. The Commission has the authority to regulate its own procedures, which gives it the flexibility to operate efficiently. It also has the power to summon individuals and request documents, similar to a civil court. This means it can effectively investigate complaints and ensure accountability. One of the key duties of the NCBC is to advise on the socio-economic development of backward classes. It evaluates the progress made under various government schemes and reports annually to the President. These reports include recommendations for further measures to enhance the welfare of these communities. By ensuring their voices are heard, the Commission contributes to reducing social inequalities and promoting inclusiveness in society. This ultimately helps in creating a more equitable nation where everyone has a fair chance to succeed.

Historical Context

This Commission focuses on the welfare of socially and educationally backward classes. It investigates and monitors the safeguards provided to these groups under the Constitution and other laws. This helps protect their rights and ensures they receive necessary support and opportunities. The Commission plays a key role in assessing the effectiveness of these safeguards and making recommendations for improvements. Article 338B of the Indian Constitution establishes the National Commission for Backward Classes (NCBC). The NCBC consists of a Chairperson, a Vice-Chairperson, and three other members. These officials are appointed by the President of India. The Commission has the authority to regulate its own procedures, which gives it the flexibility to operate efficiently.

Key Features

– The National Commission for Backward Classes focuses on socially backward communities.
– It consists of a Chairperson, Vice-Chairperson, and three members appointed by the President.
– The Commission can regulate its own procedures for efficient operation.
– It investigates complaints regarding deprivation of rights for backward classes.
– The NCBC reports annually to the President with recommendations for socio-economic development.

Importance & Impact

– The NCBC protects the rights of backward classes in India.
– It plays a role in evaluating government schemes for these communities.
– The Commission helps gather information on socio-economic progress
– It ensures transparency and accountability in the implementation of safeguards.
– Regular reports help inform policy-making for the welfare of backward classes.

Sample UPSC Question

Which of the following statements about Article 338B of the Indian Constitution is correct? A) It establishes a commission for backward classes. B) It mandates the reservation of seats in Parliament. C) The President appoints the Chairperson of the commission. D) Both A and C are correct. Choose the correct option.? Analyze these options carefully in light of the constitutional distribution of legislative and executive powers.

Answer

The correct answer is D. Article 338B establishes the National Commission for Backward Classes, and the President appoints its Chairperson. This dual focus ensures both the establishment of the Commission and the appointment process are accurately represented. Article 338B of the Indian Constitution establishes the National Commission for Backward Classes (NCBC).

Key Takeaways

✓ Article 338B establishes the National Commission for Backward Classes.
✓ The President appoints the members of the NCBC.
✓ The Commission investigates and monitors rights of backward classes.
✓ It reports annually to the President on progress and recommendations.
✓ The NCBC has powers similar to a civil court for investigations.

FAQs

Article 338B of the Indian Constitution establishes the National Commission for Backward Classes (NCBC). This Commission focuses on the welfare of socially and educationally backward classes. It investigates and monitors the safeguards provided to these groups under the Constitution and other laws. This helps protect their rights and ensures they receive necessary support and opportunities.

The Commission has the authority to regulate its own procedures, which gives it the flexibility to operate efficiently. It also has the power to summon individuals and request documents, similar to a civil court. This means it can effectively investigate complaints and ensure accountability. Article 338B of the Indian Constitution establishes the National Commission for Backward Classes (NCBC).

These reports include recommendations for further measures to enhance the welfare of these communities. By ensuring their voices are heard, the Commission contributes to reducing social inequalities and promoting inclusiveness in society. This ultimately helps in creating a more equitable nation where everyone has a fair chance to succeed. Article 338B of the Indian Constitution establishes the National Commission for Backward Classes (NCBC).

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