Amidst low turnouts reported in the first two phases of voting, the National Commission for Backward Classes (NCBC) on May 6 issued an appeal on behalf of its Chairperson, Hansraj Gangaram Ahir, asking all voters from Other Backward Class communities to step out and exercise their franchise in the remaining five phases of the ongoing Lok Sabha election.
In the appeal, Mr. Ahir points out that the 102nd Constitution Amendment in 2018 gave the Commission its constitutional status, which has allowed it to work for the protection and promotion of constitutional rights of the backward classes.
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The Chairperson added in his appeal that voters from all backward classes of the country should effectively participate in the Lok Sabha election and exercise their right to vote - “for the future of the current and coming generations, for the national interest, and to strengthen democracy”.
Mr. Ahir told The Hindu, “This is a plain appeal to people to come out and vote. OBCs form one of the largest groups of voters across the country. As the Chairperson of the National Commission for OBCs, I have appealed to all of them to come out and vote.”
The appeal from Mr. Ahir came in a press note from the Commission, which issued it on a letterhead that asserted its status as a “Constitutional Body exercising powers of a Civil Court under Article 338B of the Constitution of India”.
However, when asked, senior NCBC officials denied that this appeal was being issued by invoking powers as a civil court. “It is just the Chairperson making an appeal,” one official said, insisting that it was usual practice to issue such press notes and that the letterhead just denoted the body’s constitutional status.
The official website and annual reports of the Commission denote it as just a “Constitutional Body under Article 338B of the Constitution of India”. Even in the official Rules of Procedure notified by the Centre, the Commission is described as having powers of a civil court only in Forms I, II, and III - all of which have to do with proceedings related to investigations or inquiries.
A perusal of public records of NCBC notices from 2019 onwards showed that this particular letterhead has been used by the Commission only in proceedings with respect to investigations, hearings, or inquiries it is conducting as per its Constitutional mandate. None of these records show a press note being issued on this particular letterhead.
According to Article 338B of the Constitution, the Commission is empowered to invoke powers of a civil court when it is investigating or monitoring all matters relating to the safeguards provided for the socially and educationally backward classes; or when it is inquiring into specific complaints of deprivation of rights or constitutional safeguards.
The NCBC has been in the spotlight for the last two weeks, ever since Prime Minister Narendra Modi cited its work in Karnataka to accuse the Opposition Congress of purportedly giving away chunks of the OBC quota to Muslims.
