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 Backward Classes (Reservation of Appointments or posts in the services under the State) Act, 1995 (Act 16 of 1995)

Composition of the Commission

The Commission, constituted under Section 3 of the Kerala State Commission for Backward Classes Act, 1993 as amended shall consist of a Chairman who is or has been a Judge of the Supreme Court or of a High Court appointed by the Government and the following Members.

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

b) Two persons having special knowledge in matters relating to backward classes to be nominated by the Government. The term of the office of the Members shall be three years from the date they assume office. Here “Member” includes the Chairman.

At present Justice G Sasidharan, High Court Judge, is the Chairman of the Commission, Dr. A. Jayathilak IAS, Additional Chief Secretary, SC/ST & Backward Classes  Development Department  is the Member Secretary and ,Dr. A.V George and Smt. Subaida Issac are members of the Commission

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 necessary for the efficient performance of the functions of the Commission. The officers of the Commission include Registrar, Additional Registrar and Finance Officer.

Grants by the Government

As per Section 12(1) of the KSCBC Act, the Government shall, after due appropriation made by the State Legislature by law in this behalf, pay to the Commission by way of grants such sums of money as the Government may think fit for being utilised for the purposes of this Act. Section 12(2) says that the Commission may spend such sums as it thinks fir for performing the functions under this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1).

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 as may 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 Backward Class in the lists of backward classes and to hear complaints of over inclusion or under inclusion of any Backward Classes in such lists and to tender such advice to the Government as it deems appropriate. As per sub-section (2) of the Section 9 of the KSCBC Act , such advice of the Commission shall ordinarily be binding upon the Government.

Section 11(1) says that the Government may at any time, and shall, at the expiration of ten years from the coming into force of this Act and every succeeding period of ten years thereafter, undertake revision of the lists with a view to excluding from such lists those classes who have ceased to be backward classes or for including in such lists new backward classes. Section 11(2) 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, the degree 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 all the powers of a civil court trying a suit.