Pursuant to the direction of the Supreme Court in the Mandal case judgement, the Government of India enacted the National Commission for Backward Classes Act, 1993 (Act No. 27 of 1993) for setting up a National Commission for Backward Classes at the Centre as a permanent body.

The Act came into effect on the 2nd April, 1993. Section 3 of the Act provides that the Commission shall consist of five Members, comprising of a Chairperson who is or has been a judge of the Supreme Court or of a High Court; a social scientist; two persons, who have special knowledge in matters relating to backward classes; and a Member-Secretary, who is or has been an officer of the Central Government in the rank of a Secretary to the Government of India.

The Government of India constituted the Commission by its Notification No. 12011/34/BCC/Pt. 1 dated 14th August 1993 with a term of three years. The Commission was subsequently re-constituted on 28.2.1997. and 28.7.2000.