In pursuance of the directions of the Supreme Court in Indra Sawhney Vs. UOI and Others case, the Government of India enacted the National Commission for Backward Classes (NCBC) Act, 1993 dated 1.2.1993, for setting up a National Commission for Backward Classes. Under Section 1 of the Act, the jurisdiction of the Act extends to the whole of India except the State of Jammu & Kashmir.
The functions of the Commission are laid down mainly in Section 9 and Section 11 of this Act. Under Section 9 (1) of the Act, the Commission shall “examine requests for inclusion of any class of citizens as a backward class in such 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”. Section 9(2) of the Act states that the advice of the Commission shall ordinarily be binding upon the Central Government.
Section 11 of the Act, entrusts the Central Government to undertake the revision of lists at the expiration of ten years from the date of this Act coming into force and every succeeding period of ten years. As per sub-section (2) of this Section, the Central Government is required to consult the NCBC while undertaking such revision.
