The National Commission for Backward Classes (Repeal) Act, 2018
The National Commission for Backward Classes (Repeal) Act, 2018 was a brief but crucial piece of legislation in India's legal history. Its primary purpose was to pave the way for a more significant constitutional amendment.
Key Aspects of the Act:
Repealed the National Commission for Backward Classes Act, 1993: The 2018 Act's main function was to repeal the 1993 Act, which had established the National Commission for Backward Classes (NCBC) as a statutory body. This meant the NCBC, as it existed under the 1993 Act, was dissolved.
Enabling a Constitutional Body: The Repeal Act was passed in conjunction with the Constitution (102nd Amendment) Act, 2018. The Repeal Act was necessary because the new constitutional amendment was creating a new, more powerful NCBC.
Significance: The 1993 Act had created a commission that was only a statutory body. This meant its recommendations were advisory and not binding on the government. The Supreme Court had also highlighted the need for a more robust body. By repealing the old Act and passing the 102nd Amendment, the government transformed the NCBC into a constitutional body under Article 338B of the Constitution. This gave the new NCBC a stronger mandate, greater autonomy, and the power to investigate and address complaints relating to the protection, welfare, and socio-economic development of socially and educationally backward classes.
Savings Clause: The Repeal Act included a "savings" clause to ensure that the repeal did not affect any previous actions taken under the old Act, nor did it extinguish any rights, liabilities, or legal proceedings that had already been initiated. Do write to us if you need any further assistance.
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