Proposed 123rd Amendment to the Constitution

'via Blog this'TO BE INTRODUCED IN LOK SABHA
AS INTRODUCED IN LOK SABHA
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3. After article 338A of the Constitution, the following article shall be inserted, namely:—
“338B. (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 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 socioeconomic
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 nonacceptance,
if any, of any of 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
Governor of the State who 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 subclause
(a) or inquiring into any complaint referred to in sub-clause (b) of clause (5),
National
Commission
for Backward
Classes.
Insertion of
new article
338B.
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Insertion of new
article 342 A.
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;
and
(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 socially and educationally backward classes.
4. After article 342 of the Constitution, the following article shall be inserted, namely:—
"342A. (1) The President may with respect to any State or Union territory, and
where it is a State, after consultation with the Governor thereof, by public notification,
specify the socially and educationally backward classes which shall for the purposes
of this Constitution be deemed to be socially and educationally backward classes in
relation to that State or Union territory, as the case may be.
(2) Parliament may by law include in or exclude from the Central List of socially
and educationally backward classes specified in a notification issued under clause (1)
any socially and educationally backward class, but save as aforesaid a notification
issued under the said clause shall not be varied by any subsequent notification.".
5. In article 366 of the Constitution, after clause (26B), the following clause shall be
inserted, namely:—
‘(26C) "socially and educationally backward classes" means the backward classes
as are so deemed under article 342A for the purposes of this Constitution;’.
Socially and
educationally
backward
classes.
Amendment of
article 366.
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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, 1990. 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 1987. 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 educationally 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.
4. The National Commission for the Scheduled Castes has recommended in its Report
for 2014-15 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
educationally backward classes, a function which has been discharged so far by the
National Commission for Scheduled Castes under clause (10) of article 338; and
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(b) to insert a new article 342A so as to provide that the President may, by public
notification, specify the socially and educationally backward classes which shall for
the purposes of the Constitution be deemed to be socially and educationally backward
classes.
6. The Bill seeks to achieve the above objectives.
NEW DELHI; THAAWARCHAND GEHLOT.
The 30th March, 2017.
FINANCIAL MEMORANDUM
Sub-clause (2) of clause 3 of the Bill, inter alia, provides that the National Commission
for Backward Classes shall consist of a Chairperson, Vice-Chairperson and three other
Members and the conditions of service of tenure of the offices of the Chairperson,
Vice-Chairperson and Members so appointed shall be such as the President may, by rule
determine.
2. The requirement of funds for the establishment cost of the aforesaid Members of
the Commission as well as for the existing staff of the National Commission for Backward
Classes, who shall stand transferred to the establishment of the National Commission for
Backward Classes constituted under article 338B will be the same as is budgeted and
allocated for the National Commission for Backward Classes. The budget for the National
Commission for Backward Classes for, the year 2016-17 is Rs. 4.80 crore. There shall be no
additional financial implication on account of creation of the National Commission for
Backward Classes, since it will not only be taking on the existing staff strength of the
National Commission for Backward Classes without any increment, but also utilise the same
office premises that was being used by the National Commission for Backward Classes.
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ANNEXURE
EXTRACT FROM THE CONSTITUTION OF INDIA
* * * * *
338. (1) There shall be a Commission for the Scheduled Castes to be known as the
National Commission for the Scheduled Castes.
* * * * *
(10) In this article, references to the Scheduled Castes shall be construed as
including references to such other backward classes as the President may, on receipt
of the report of a Commission appointed under clause (1) of article 340, by order
specify and also to the Anglo-Indian community.
* * * * *
National
Commission
for Scheduled
Castes.
LOK SABHA
————
A
BILL
further to amend the Constitution of India.
————
(Shri Thaawarchand Gehlot, Minister of Social Justice and Empowerment)
GMGIPMRND—5739LS(S3)—30-03-2017.