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Which one of the following statements about the National Commission for Backward Classes is correct?
Question

Which one of the following statements about the National Commission for Backward Classes is correct?

A.

It is a statutory body amenable to writ jurisdiction of the High Courts

B.

It is a Constitutional body not amenable to writ jurisdiction of the High Courts

C.

It is established by the Constitution (102nd Amendment) Act, 2018 and is amenable to the jurisdiction of writ courts

D.

It is an executive body amenable to the jurisdiction of all courts

Correct option is C

The correct option is (c) It is established by the Constitution (102nd Amendment) Act, 2018 and is amenable to the jurisdiction of writ courts.

Explanation

The National Commission for Backward Classes (NCBC) underwent a major constitutional transformation that fundamentally changed its legal character:

  • Constitutional Origin: Originally established as a statutory body in 1993, the NCBC was granted Constitutional Status by the Constitution (102nd Amendment) Act, 2018. This amendment inserted Article 338B into the Indian Constitution.
  • Amenability to Writ Jurisdiction: Since the NCBC is a body created by the Constitution and performs public duties (functioning as a quasi-judicial body with the powers of a civil court), it falls under the definition of "State" or "Authority" as per Article 12.
  • Judicial Review: Consequently, its actions, decisions, and any grievances regarding the deprivation of rights are subject to the writ jurisdiction of the High Courts (under Article 226) and the Supreme Court (under Article 32). There is no constitutional immunity that prevents a writ court from reviewing the functioning of such commissions.

Information Booster:

  • Article 338B: This specific article outlines the structure, duties, and powers of the Commission. It consists of a Chairperson, Vice-Chairperson, and three other members appointed by the President.
  • Powers of a Civil Court: While investigating matters or inquiring into complaints, the NCBC has the powers of a civil court, including:
    • Summoning and enforcing the attendance of any person.
    • Requiring the discovery and production of documents.
    • Receiving evidence on affidavits.
  • Consultation Mandate: Both Central and State Governments are constitutionally required to consult the NCBC on all major policy matters affecting the socially and educationally backward classes.

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