About Us

The Kerala State Commission for Backward Classes is a statutory Commission constituted by the Government of Kerala under the Kerala State Commission for Backward Classes Act, 1993 (Act 11 of 1993) for entertaining, examining and recommending upon requests for inclusion in and complaints of over inclusion or under inclusion in the list of
backward classes of citizens. In September 1995, the additional function of evaluating, from time to time, the degree of backwardness of the backward classes and submitting periodical reports to the Legislative Assembly of the State was conferred on the Commission as per the Kerala State Commission for Backward Classes (Reservation of
Appointments or post in the services under the State) Act, 1995 (Ac t
16 of 1995)

Composition of the Commission

The Commission, constituted under Section 3 of the Kerala StateCommission for Backward Classes Act, shall consist of a Chairman whois or has been a Judge of the Supreme Court or of a High Courtappointed by the Government and the following members.

a) The Secretary to Government in charge of the Backward ClassesWelfare Department of the Government, ex-officio, who shall be theMember Secretary of the Commission.

b) Two persons having special knowledge in matters relating tobackward classes to be nominated by the Government. The term of theoffice of the member shall be three years from the date he assumes office.

Officers and employees
According to Section 5 of the KSCBC Act, the Government shall provide the Commission with such officers and employees as may be necessaryfor the efficient performance of the functions of the Commission. Theofficers of the Commission include Registrar, Additional Registrar and Finance Officer.

Audit of Accounts of the Commission

As per Section 13(2) of the Kerala State Commission for Backward Classes Act, 1993, the accounts of the Commission shall be audited by the Comptroller and the Auditor General of India at such intervals asmay be specified by him.

Functions and Powers of the Commission

Sub-section (1) of Section 9 of the KSCBC Act empowers the Commission to examine requests for inclusion of any class of citizens as BackwardClass in the lists of backward classes and to hear complaints of overinclusion or under inclusion of any Backward Classes in such lists andto tender such advice to the Government as it deems appropriate. Asper sub-section (2) of the Section 9 of the KSCBC Act , such advice of
the Commission shall ordinarily be binding upon the Government.

Sub-section (2) of Section 11 of the Kerala State Commission forBackward Classes Act, 1993 says that the Government shall, whileundertaking any revision referred to in sub-section (1) of Section 11,consult the Commission.

Section 5 of the Kerala State Backward Classes (Reservation ofAppointments or Posts in the Services under the State) Act, 1995 [1]gives the additional function of evaluating from time to time, thedegree of backwardness of the Backward Classes, and submitting of
periodical reports to the Legislative Assembly of the State.

As per Section 10 of the KSCBC Act, the Commission shall, while performing its functions under sub-section (1) of Section 9 have allthe powers of a civil court trying a suit.

Constitutional Provisions

Article 16(4) of the Constitution of India allows the State for making provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, isnot adequately represented in the services under the State.

Article 340 of the Constitution of India provides for the appointment of a Commission to investigate the conditions of and the difficulties faced by the socially and educationally backward classes and to make appropriate recommendations.

The Supreme Court of India in its Judgement dated 16.11.1992 in Writ Petition (Civil) No. 930 of 1990 – Indira Sawhney & Ors. Vs. Union of India and Ors. - directed the Govt. of India, State Governments and UT Administrations to constitute a permanent body in the nature of a Commission or Tribunal for entertaining, examining and recommending
upon requests for inclusion and complaints of over-inclusion andunder-inclusion in thelist of OBCs.

In pursuance of the direction of the Supreme Court, the Govt. of India enacted the National Commission for Backward Classes Act, 1993 (ActNo. 27 of 1993) and set up a National Commission for Backward Classes at the Centre.

FUNCTIONS
As per sub-section (1) of Section 9 of the Kerala State Commission for Backward Classes Act, 1993, the Commission shall examine requests forinclusion of any class of citizens as a backward class in the list andhear complaints of over-inclusion or under-inclusion of any backwardclass in such lists and tender advice to the Government as it deems appropriate.

Sub-section (2) of Section 11 of the Kerala State Commission for Backward Classes Act, 1993 says that the Government shall, while undertaking any revision referred to in sub-section (1) of Section 11, consult the Commission.

Section 5 of the Kerala State Backward Classes (Reservation of Appointments or Posts in the Services under the State) Act, 1995 [1]gives the additional function of evaluating from time to time, thedegree of backwardness of the Backward Classes, and submitting of
periodical reports to the Legislative Assembly of the State. Details of Officials designated in accordance with the Right to Information Act, 2005.