Article 338B of CoI : Article 338B: National Commission for Backward Classes.

Explanation using Example

Example 1:

Scenario: A student from a socially and educationally backward class (SEBC) is denied admission to a prestigious university despite meeting the eligibility criteria.

Application of the Act:

1. Investigation and Monitoring: The National Commission for Backward Classes (NCBC) can investigate the matter to ensure that the university is adhering to the safeguards provided for SEBCs under the Constitution and other laws.
2. Inquiry into Complaints: The student can file a complaint with the NCBC regarding the deprivation of their rights. The Commission will inquire into the specific complaint.
3. Recommendations: After investigating, the NCBC can present a report to the President with recommendations on measures to be taken to prevent such issues in the future.
4. Powers of a Civil Court: During the investigation, the NCBC can summon university officials, require the production of relevant documents, and examine witnesses under oath.

Example 2:

Scenario: A state government plans to implement a new economic development program but is unsure how it will impact the socially and educationally backward classes.

Application of the Act:

1. Consultation on Policy Matters: The state government must consult the NCBC on this major policy matter affecting SEBCs.
2. Advice on Socio-Economic Development: The NCBC can provide advice on how the program can be designed to benefit SEBCs and ensure their socio-economic development.
3. Evaluation of Progress: The NCBC can later evaluate the progress of the program and its impact on SEBCs, and report its findings to the President.
4. Reports and Recommendations: The NCBC can include its findings and recommendations in its annual report to the President, suggesting further measures for the effective implementation of safeguards and welfare programs for SEBCs.

Example 3:

Scenario: A socially and educationally backward class community feels that their rights are being ignored in a government housing scheme.

Application of the Act:

1. Inquiry into Complaints: The community can lodge a complaint with the NCBC about the deprivation of their rights in the housing scheme.
2. Investigation: The NCBC will investigate the complaint, examining relevant documents and summoning officials if necessary.
3. Recommendations: Based on the investigation, the NCBC can recommend changes to the housing scheme to ensure it is inclusive of SEBCs.
4. Reporting to the President: The NCBC will report its findings and recommendations to the President, who will then present the report to Parliament along with an explanation of the actions taken or proposed.

Example 4:

Scenario: A state government receives a report from the NCBC highlighting issues faced by SEBCs in accessing healthcare services.

Application of the Act:

1. Forwarding Reports: The state government must forward the NCBC's report to the state legislature.
2. Action Taken Memorandum: The state government must also provide a memorandum explaining the actions taken or proposed based on the NCBC's recommendations, and reasons for any non-acceptance of recommendations.
3. Implementation of Measures: The state government can then implement measures to improve healthcare access for SEBCs, as advised by the NCBC.

Example 5:

Scenario: A socially and educationally backward class individual is summoned by the NCBC to provide evidence in an investigation.

Application of the Act:

1. Powers of a Civil Court: The NCBC has the authority to summon individuals from any part of India and examine them under oath.
2. Collection of Evidence: The individual can be required to produce documents or provide evidence on affidavits as part of the investigation.
3. Ensuring Compliance: The NCBC can issue commissions for the examination of witnesses and documents to ensure a thorough investigation.