The National Commission for Backward Classes (Repeal) Act, 2018

India is known for its secularism being multicultural nation. Different religions, caste, creed and traditions and languages contributed unique features to the country. One of the major drawback of this multicultural society was the inequality prevailed among people on basis of religion, caste, social and educational background. Differentiation of people based on caste was so prominent decades ago. During the passage of time society had to undergo various changes and many of the suppressed communities became aware of their rights to survive in a society with dignity. Laws and legislation played a vital role in the upliftment of the down trodden communities in India. The constitutional protection of equal opportunity or equality in job or employment for these communities were assured through various enactments. Post-independence two National commissions in the year 1950 and 1970 was constituted for safeguard the rights and interests of Backward communities. In 1993 pursuant to Supreme Court direction in Indra Sawhney case of 1992, to constitute a constitutional body for the inclusion and exclusion of backward classes in the country in order to protect their constitutional rights, the enactment of The National Commission of Backward classes Act 1993 came in to force.

When the 123rd constitutional amendment bill was passed by the Parliament in 2017 for the effective betterment of backward classes the Act of 1993 was repealed and on 14th August 2018 The National Commission for Backward classes (Repeal) Act 2018 came in to force with two short sections of commencement and repeal and saving altogether as the effective constitutional body for the purpose of inclusion and exclusion of backward class list and to inform such inclusions and exclusions to the Central Government time to time. The Commission has to make inclusions and exclusions of any backward classes on requests and to advice to central government if it is found appropriate make new inclusion or exclusion lists.

Though the act of 2018 overrides the previous act of 1993 any of the rights, privileges, penalty, confiscation, punishment, liability and obligation was effected according to the provisions of the act of 1993 shall not be affected by the provisions of the Act of 2018. Section 2(3) of the Act specifies that anything specified in the Section 2(2) is not prejudicial to the section 6 of the General Clauses act 1897 relating to the repealing clauses of the act of 2018.
The National commission being the constitutional body in accordance with Article 338 (b) has a Chairperson, Vice Chairperson and three other members with a tenure determined by the president of India.

The Repeal Act of 2018 has made an impact in determining backward classes based on the current socio – educational background that created opportunities for several neglected communities from various parts of the country to be a part with equal rights in the main stream. It is the necessity of a progressive society to provide all possible and constitutional rights and privileges to the down trodden communities for ensuring a betterment in their life.

Leave a Reply