Centre told to file counter on plea for appointing NCBC chairman

The first bench comprising Chief Justice Munishwar Nath Bhandari and Justice N Mala passed the direction on hearing the petition filed by advocate K Balu, president, Advocates’ Forum for Social Justice.
Madras High Court
Madras High Court

CHENNAI: The Madras High Court on Wednesday ordered notice to the Union government returnable in six weeks on a plea for appointing chairman, vice chairman and other office bearers for the National Commission for Backward Classes (NCBC).

The first bench comprising Chief Justice Munishwar Nath Bhandari and Justice N Mala passed the direction on hearing the petition filed by advocate K Balu, president, Advocates’ Forum for Social Justice.

The petitioner sought a direction to the Union Government to constitute and appoint the Chairperson, Vice Chairperson and other members for National Commission for Backward Classes at the earliest and consequently direct the respondents to set up the State/Regional National Commission for Backward Classes’ units.

Balu submitted that the constitution of India mandates that to constitute a National Commission for Backward Classes under Article 338 B.

“Therefore, an obligation of the respondents to constitute a commission is for deciding the rights and grievances of the other backward classes across the country. But, no commission is functioning for the period of 6 months since, the respondents have failed to constitute the commission as mandated under Articles 340 and 338B of the Constitution of India, ” the advocate said in his affidavit.

The petitioner further noted that Article 340 of the Constitution of India mandates for appointment of a commission to investigate the conditions of the backward classes, but as of now no commission has been constituted by the government of India for the past 6 months.

Recording the submissions, the judges directed the Union government to file a counter within six weeks.

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