The National Commission for Backward Classes (Repeal) Act, 2018

Summary of the National Commission for Backward Classes (Repeal) Act, 2018
Primary Action: Repeal of the National Commission for Backward Classes Act, 1993
Key Provisions
1. Short Title and Commencement
• Title: National Commission for Backward Classes (Repeal) Act, 2018
• Commencement: Came into force on a date notified by the Central Government (specified as 15th August, 2018, via notification No. S.O. 3988(E), dated 14th August, 2018)
2. Repeal and Savings
• Repealed Act: National Commission for Backward Classes Act, 1993 (27 of 1993)
• Dissolution: National Commission for Backward Classes constituted under the repealed Act stands dissolved
• Savings Clause:
• Previous operations of the repealed Act remain unaffected
• Rights, privileges, obligations, liabilities, penalties, etc., acquired under the repealed Act remain valid
• Ongoing proceedings or remedies under the repealed Act can continue as if the Act were not repealed
3. General Application of Repeal
• Reference to Section 6 of the General Clauses Act, 1897(10 of 1897), for the effect of repeal, without prejudice to the specific savings clause provided.

Legislative History:

The National Commission for Backward Classes (Repeal) Act, 2018

Short Title - The National Commission for Backward Classes (Repeal) Act, 2018

Act Number / Year - Act No. 24 of 2018

Act ID (India Code) - A2018-24

Presidential Assent / Enactment Date - August 14, 2018

Enforcement Date - August 15, 2018

Nodal Ministry - Ministry of Social Justice and Empowerment

Precedent & Statutory Rationale

1. Constitutional Empowerment of the Backward Classes Commission:

o Prior to 2018, the National Commission for Backward Classes (NCBC) operated as a statutory body established under the National Commission for Backward Classes Act, 1993, with limited oversight powers.

o Following the passage of the landmark 102nd Constitution Amendment Act, 2018, which inserted Article 338B into the Constitution of India, the Commission was granted a prestigious constitutional status akin to the National Commission for Scheduled Castes (NCSC) and National Commission for Scheduled Tribes (NCST).

2. Abolition of Statutory Duplication:

o The Act was formulated to repeal the National Commission for Backward Classes Act, 1993, to prevent legal duplication and streamline institutional frameworks now that the commission derived its direct powers, duties, and mandate from the Constitution itself.

Parliamentary Trajectory & Enactment

• Formulation: Prepared by the Ministry of Social Justice and Empowerment to operationalize the structural changes mandated by the constitutional elevation of the NCBC.

• Parliamentary Passage: Tabled alongside constitutional reform bills, thoroughly reviewed, and passed by both houses of the Parliament of India, receiving presidential assent on August 14, 2018.

• Enforcement: Enforced on August 15, 2018.

Source: India Code and Ministry of Law and Justice Official Records.