123rd amendment to Indian Constitution

Cabinet gives approval for introduction of Constitution (One Hundred and Twenty-third Amendment) Bill 2017 and (ii) National Commission for Backward Classes (Repeal) Bill, 2017 in the Parliament

Approval also granted for retention of posts and office premises for the proposed new National Commission for Backward Classes

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has given (I) Ex-post facto approval for introduction of (i) Constitution (One Hundred and Twenty-third Amendment) Bill 2017 and (ii) National Commission for Backward Classes (Repeal) Bill, 2017 in the Parliament; and (II) Approval for retention of posts/incumbents and office premises held by the existing National Commission for Backward Classes by the proposed new National Commission for Backward Classes

The approval is for the proposal to bring about a Constitutional Amendment namely the Constitution (One Hundred Twenty-third Amendment) Bill, 2017 by:

a. Constitution of a Commission under Article 338B for socially and educationally backward classes by name of National Commission for Backward Classes; and
b. (b) insertion of Clause (26C) under Article 366 with modified definition viz. “socially and educationally backward classes” means such backward classes as are so deemed under Article 342A for the purpose, this Constitution and
2. Introduce a Bill for:
a. Repeal of the National Commission for Backward Classes Act, 1993 along with Savings Clause for namely the National Commission for Backward Classes (Repeal) Bill, 2017; and
b. Dissolution of the National Commission for Backward Classes with effect from such date as the Central Government may appoint in this behalf and the National Commission for Backward Classes constituted under sub-section (1) of Section 3 of the said Act shall stand dissolved.
3. (a) Appropriation of the sanctioned 52 posts, along with incumbents wherever filled of the existing National Commission for Backward Classes in the proposed National Commission for Backward Classes to be constituted under Article 338B; and
(b) Retention of the office premises of the existing National Commission for Backward Classes at Trikut-1, Bhikaiji Cama Place, New Delhi-110066, by the Natinal Commission for Backward Classes to be constituted under Article 338B.
The above decisions will lead to overall welfare of socially and educationally backward classes.

The proposed Act of repeal is necessary in view of setting up of the National Commission for Backward Classes by insertion of Article 338B of the Constitution.

The decision will also enable effecting continuity in the functioning of the National Commission for Backward Classes under Article 338B.