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WEST BENGAL COMMISSION FOR BACKWARD CLASSES VOLUME – I (Containing 1 st , 2 nd & 3 rd Reports) FIRST REPORT : Name of the Class INTRODUCTORY ….. 1. KAPALI ….. 2. BAISHYA KAPALI ….. 3. KURMI ….. 4. SUTRADHAR ….. 5. KARMAKAR ….. 6. KUMBHAKAR ….. 7. SWARNAKAR ….. 8. TELI ….. 9. NAPIT 10. YOGI-NATH ….. 11. GOALA GOPE ….. 12. MOIRA-MODAK (HALWAI) ….. 13. BARUJIBI ….. 14. SATCHASI ….. SECOND REPORT : Name of the Class INTRODUCTORY ….. 1. MALAKAR ….. 2. TANTI ….. 3. KANSARI ….. 4. SHANKHAKAR ….. 5. KOERI / KOIRI ….. 6. RAJU ….. 7. TAMBOLI / TAMALI ….. 8. NAGAR ….. 9. KARANI ….. 10. DHANUK ….. 11. SARAK ….. 12. JOLAH (ANSARI-MOMIN) ….. THIRD REPORT : INTRODUCTORY ….. 1. RONIWAR ….. 2. KOSTA / KOSTHA ….. 3. CHRISTIANS CONVERTED FROM SCHEDULED CASTES ….. WEST BENGAL COMMISSION FOR BACKWARD CLASSES REPORT – I Representations have reached the West Bengal Commission for Backward Classes from various classes of citizens for inclusion in the lists of Backward Classes of the State. The West Bengal Commission for Backward Classes other than Scheduled Castes and Scheduled Tribes has been set up by the Act of the State Legislature – “West Bengal Commission for Backward Classes Act, 1993 (West Bengal Act I of 1993)”. The Act provides “it is expedient to constitute a State Commission for Backward Classes other than the Scheduled Castes and Scheduled Tribes and to provide matters connected therewith or incidental thereto”; and accordingly, the Act called “The West Bengal Commission for Backward Classes Act” (hereinafter referred to as the Act) came to be enacted. In terms of the provisions contained in Section 3 of the Act the State Government has constituted this body to be known as “The West Bengal Commission for Backward Classes“ (which will hereinafter be referred to as the Commission) to exercise the powers conferred on and to perform the functions assigned to the commission under the Act. The functions and the powers of the commission have been set out in Sections 9 and 10 of the Act. The main function of the commission is to examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under- inclusion of any backward class in such lists and tender such advice to the State Government as it deems appropriate. To enable the Commission to discharge its functions effectively and properly the commission has been given all the powers of a Civil Court trying a suit. Section 10 of the Act provides – The Commission shall, while performing its functions under Sub-section (1) of Section 9 have all the powers of a civil court trying a suit and in particular, in respect of the following matters, namely; (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath’ (b) requiring the discovery and production of any document; receiving evidence on affidavits; (c) requisitioning any public record or copy thereof from any court or office; (d) issuing commission for the examination of witness and document; and (e) any other matter which may be prescribed”. Section 9 of the Act which deals with the functions of the commission may also conveniently be set out – “9 (1) - The commission shall examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under-inclusion of any backward class in such lists and tender such advice to the State Government as it seems appropriate. (2) - The advice of the commission shall ordinarily be binding upon the State Government”. Section 2(a) of the act provides – “backward classes”, for the purpose of this Act, being backward classes of citizens other than the Schedule Castes and the Scheduled Tribes as may be specified by the State Government in the lists.” Section 2(c) reads as follows – “Lists” means lists prepared by the Government of West Bengal from time to time for the purposes of making provisions for the reservations of appointments or posts in favour of backward classes of citizens which, in the opinion of the Government, are not adequately represented in the services under the Government of West Bengal and any local or other authority within the territory of West Bengal or under the control of the Government of West Bengal”. The Act, therefore, makes it clear that the commission set up is concerned with consideration of backward classes other than Scheduled Caste & Scheduled Tribes in the state and with making recommendations on such classes of citizens and tendering appropriate advice with regard to such classes of citizens as may, in the opinion of the Commission constitute backward classes in the State. The recommendations of the commission and its advice will be forwarded by the commission to the state government and the advice of the commission shall ordinarily be binding on the state government. It is to be noted that the act does not define the class of citizens which may come under the category of backward classes and the act also does not lay down any criteria for determining the question whether any particular class of citizens will come within the category of backward classes. The Commission is, therefore, required to determine the question on the merit of each particular case as to whether a particular class of citizens will constitute a backward class within the meaning of the Act and the Commission is to make such recommendation and tender such advice to the state government, as the commission considers appropriate. It may be noted that it has been left to the commission to evolve its own procedure in determining the question. The question of backward classes in the country had come up for consideration before two commissions earlier set up by the centre. The First Backward Classes Commission, known as Kaka Kalelkar Commission, was set up by the Presidential Order under Art. 340 of the constitution of India on 29 th January, 1953 and that commission submitted its report on 30 th March,1955. The next backward Classes Commission known as the Mandal Commission was set up under Art. 340 of the Constitution by an order of the President in December 1978 and this commission made its report on 31 st December, 1980. In the terms of reference to the First Backward Classes Commission (Kaka Kalelkar Commission), it was inter alia directed that the Commission would – “(a) determine the criteria to be adopted in considering whether any section of the people in the territory of India (in addition to the Scheduled Caste and Scheduled Tribes specified by Notification issues under Articles 341 and 342 of the Constitution) should be treated as socially and educationally backward classes; and, in accordance with such criteria, prepare a list of such classes setting out also their appropriate numbers and their territorial distribution.” The term of reference to the Second Commission (Mandal Commission) were – “(i) to determine the criteria for defining the socially and educationally backward classes; (ii) to recommend steps to be taken for the advancement of the socially and educationally backward classes of citizens so identified; (iii) to examine the desirability or otherwise of making provision for the reservation of appointments or posts in favour of such backward classes of citizens which are not adequately represented in public services and posts in connection with the affairs of the Union or any State; and (iv) present to the President the Report setting out the facts as found by them and making such recommendations as they think proper. In this connection, the commission may also examine the recommendation of the Backward Classes Commissions appointed earlier and the consideration which stood in the way of the acceptance of its recommendations by the Government.” Both the commissions had made their reports and had submitted lists of classes, which, according to them, constitute backward classes. The report of the First Commission (Kaka Kalelkar Commission) had not been placed before the Parliament. The report of the Second Commission, commonly known as Mandal Commission, had received very wide publicity and had created a stir in the country. The report of the Mandal Commission came up for consideration by the Supreme Court in the case of – Indira Sawhney & Ors. Etc. etc. - VS – Union of India & Ors. etc. etc. in Writ petition (Civil) No.930 of 1990. The Supreme Court in this case has also referred to the report of the First Commission (Kaka Kalelkar Commission) and the Supreme Court at great length discussed the Mandal Commission’s report. The Supreme Court has also referred to the relevant provisions of the constitution and in particulars to Art. 15(4) and Art. 16(4) of the Constitution. The Supreme Court has also reviewed its earlier decisions. Though the views expressed by the learned the Supreme Court decision appears to be that to constitute a backward class other than Schedule Castes and Scheduled Tribes within the meaning of the provisions of the constitution, the classes must be socially and educationally backward. The Report of the two commissions, and of the Mandal Commission in particular, which has taken note of the various decisions of the Supreme Court, also lends support to this view. To determine whether any class of citizens come within question for consideration is whether the class is socially and educationally backward and the commission while making its recommendation and tendering its advice to the State Government for inclusion of any class in the lists of backward classes must be satisfied that the class is socially and educationally backward. Backwardness of any individual or some individuals may not represent the class as a whole and the class cannot under such circumstances be considered to be a backward class. It is the backwardness of the class which has to be considered and taken into account in deciding the matter.