Why this matters now
NCBC is tested for: the Mandal Commission 1980 → V.P. Singh implementation 7 August 1990 → Indra Sawhney 1992 (SC upheld 27% OBC + 50% cap + creamy layer) → NCBC Act 1993 (statutory) → 102nd Amendment 2018 (constitutional, Article 338B) → 105th Amendment 2021 (restored State’s power to identify backward classes for State purposes); composition Chair + Vice-Chair + 3 members; powers similar to civil court; recently the OBC sub-quota debate.
History
- Article 340 of Constitution (since 1950) empowers President to appoint a commission to investigate the conditions of “socially and educationally backward classes” (SEBCs).
- Kalelkar Commission 1953-55 (1st Backward Classes Commission) chaired by Kaka Kalelkar — identified 2399 castes as backward; report not implemented by Nehru.
- Mandal Commission 1979-80 chaired by B.P. Mandal — identified 3743 OBC castes; recommended 27% reservation. Submitted Dec 1980 to Indira; not implemented.
- V.P. Singh implemented Mandal on 7 August 1990 — central jobs + education.
- Indra Sawhney v. UoI (1992) SC: upheld 27% but capped total reservation at 50%; mandated creamy-layer exclusion; directed govt to set up a permanent body.
- NCBC Act 1993 — created statutory NCBC for identifying castes for Central OBC list.
- 102nd Amendment Act 2018 — inserted Articles 338B (NCBC) + 342A (President to specify SEBCs after consultation with Governor). NCBC became constitutional.
- Maratha Reservation case 2021 — SC held that 102nd Amendment had taken away State’s power to identify SEBCs.
- 105th Amendment Act 2021 — restored State’s power to prepare own SEBC list.
Composition (Article 338B)
Chairperson + Vice-Chairperson + 3 Members — appointed by the President under his hand and seal. Conditions of service and tenure determined by President; Service rules of 2018 = 3 years term or 65 years. Removal by President. NCBC presents annual + special reports to the President, who lays them before Parliament + concerned State.
Article 338B(5) - Powers of a civil court (summoning, document discovery, examining witnesses, requisitioning public records). Article 338B(8) - Central + State govts shall consult NCBC on all major policy matters affecting SEBCs.
Recent
Past Chairs: Justice R.N. Prasad (1993-95), Justice Sundara Raju (1996-2002), R.N. Prasad (2002-06), M.N. Rao (2006-10), Justice S. Ratnavel Pandian (2010-13), Bhagwan Lal Sahni (10 August 2020 - 30 April 2021), Hansraj Gangaram Ahir (12 September 2022 - present, ex-Union Minister of State).
NCBC has identified ~2,650 OBC sub-castes across India for the Central OBC list. Currently examining: SC sub-categorisation issue (post 1 Aug 2024 SC verdict 6:1 by 7-judge bench in State of Punjab v. Davinder Singh); Rohini Commission 2017 OBC sub-categorisation report; creamy-layer threshold (Rs 8 lakh since 2017 — revision pending).
UPSC angle
Know NCBC — ARTICLE 338B Constitution (inserted 102nd CAA 2018, was STATUTORY before under NCBC Act 1993); HISTORY: Article 340 1950 → Kalelkar Commission 1953-55 Kaka Kalelkar (2399 castes not implemented) → MANDAL COMMISSION 1979-80 B.P. Mandal (3743 OBC castes, 27% reservation) → V.P. Singh implementation 7 Aug 1990 → INDRA SAWHNEY v UoI 1992 (upheld 27%, 50% cap, creamy layer, directed permanent body) → NCBC Act 1993 statutory → 102ND AMENDMENT 2018 (Art 338B + 342A President to specify SEBCs) → Maratha reservation case 2021 SC held 102 Amend took away State power → 105TH AMENDMENT 2021 restored State power for own SEBC list; COMPOSITION Art 338B Chair + Vice-Chair + 3 Members, appointed by President; SERVICE RULES 2018 = 3 YEARS OR 65 AGE; POWERS OF CIVIL COURT Art 338B(5); Central+State consult NCBC on SEBC policy Art 338B(8); past Chairs Justice R.N. Prasad 1993-95, Bhagwan Lal Sahni 2020-21, HANSRAJ GANGARAM AHIR 12 Sept 2022+ ex-Union MoS; ~2650 sub-castes Central OBC list; Rohini Commission 2017 OBC sub-categorisation; CREAMY LAYER Rs 8 lakh since 2017; SC sub-categorisation post 1 Aug 2024 State of Punjab v Davinder Singh 6:1 7-judge.
Frequently asked questions
When did NCBC become a constitutional body?
Via the 102nd Constitutional Amendment Act 2018, which inserted Article 338B. Previously statutory under the NCBC Act 1993.
What was the Mandal Commission?
B.P. Mandal’s 1979-80 commission that identified 3743 OBC castes and recommended 27% reservation. Implemented by V.P. Singh on 7 August 1990.
What is the 105th Amendment?
Passed in 2021 to restore States’ power to identify their own list of socially and educationally backward classes (SEBCs) — after the 2021 Maratha reservation SC verdict held that the 102nd Amendment had transferred this power to the Centre.
Who is the current NCBC Chairperson?
Hansraj Gangaram Ahir — took office on 12 September 2022.