Madras High Court Seeks Centre's Stand On Plea To Constitute 9th National Commission For Backward Classes

When the matter was taken up on Wednesday, the bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala adjourned the case by six weeks directing the Union Ministry of Law and Justice and the Ministry of Appointments and Appointment Committee to file their counter.

Though the Petitioner submitted that six weeks was a long time and that four weeks may be granted, the Chief Justice stated that six weeks time was being granted deliberately so that appropriate action may be taken.

"We agree that your petition has merits. Usually in such cases where appointments have not been made, we're granting long adjournments so that appointments could be made during this time."

The petitioner had contended that even though the Commission was established in the year 1993, it was a legal entity at that time and did not have constitutional validity. The Government of India, vide the 102nd amendment, gave constitutional status to the NCBC on 14th August 2018 and mandated to constitute the Commission.

Though the three year tenure of the Commission constituted by President of India on 28th February 2019 vide the Gazette notification came to an end on 28th February 2022, no NCBC has been constituted since then. This has led to accumulation of unattended issues relating to OBC community.

As the status and condition of the backward classes has to be decided by the Commission under Article 340 of the Constitution, it is imperative that the Commission be set up by filling up all the posts to investigate into the conditions of the backward classes. He contended that a Constitutional body kept vacant for such a long period was simply allowing the law of the land to jeopardise and nipping the neck of Social Justice.

He further added that Constitution of Regional/state units of NCBC would further help in dealing with urgent manners immediately. Though a representation in this regard was made to the Ministry of Social Justice and Empowerment, the same was pending.

Earlier, PMK founder S. Ramadoss had written to the Prime Minister urging him to constitute the ninth Commission at the earliest.

Case Title: K Balu v. Government of India and others

Case No: WP No. 21723 of 2022