The Justice G. Rohini-led Commission for the sub-categorisation of Other Backward Classes (OBC) recently finished a process that took nearly six years, concluding with the submission of its report to the Ministry of Social Justice and Empowerment. Details on the recommendations remain unknown as the government is expected to deliberate on the report prior to implementation.
The commission was established on 2nd October 2017 under Article 340 of the Constitution (President’s power to appoint a Commission to investigate the conditions of the backward classes). Furthermore, the terms of reference required the commission to examine the inequitable distribution of benefits among OBCs listed in the Central List, propose a scientific method for sub-categorising within OBCs, identify and classify castes or communities into their respective sub-categories, and study the entries in the Central List of OBCs to recommend corrections for errors and inconsistencies.
Need for Sub-categorisation of OBCs
Other Backward Classes (OBCs) receive a 27% reservation in central government jobs and educational institutions. Yet, it is generally perceived that only a few dominant caste groups among the OBCs benefit from this quota. This perception became evident in 2018 when the commission analyzed data from 1.3 lakh central government jobs and OBC admissions to central higher education institutions over the preceding years. The evaluation revealed that 97% of the benefits went to just 25% of the OBC castes.
Simultaneously, approximately 983 OBC communities – constituting 37% of the total – had zero representation in jobs and educational opportunities. This disparity underscored the necessity for the sub-categorization of OBCs, which would establish quotas within the existing 27% reservation. Such sub-categorization would consequently provide more opportunities for historically underrepresented and crowded-out OBC communities.
Historical Evolution of the OBC Reservation Status in India
The process towards establishing a reservation status for Other Backward Classes (OBCs) began with the formation of the Kalelkar Commission in 1953. This marked the first national recognition of backward classes outside of Scheduled Castes (SCs) and Scheduled Tribes (STs).
In 1980, the Mandal Commission Report estimated the OBC population at 52% and identified 1,257 communities as backward. The report suggested an increase in the existing quotas – which were previously only applicable to SC/ST – from 22.5% to 49.5%, and extending the reservation to include OBCs. Taking these recommendations onboard, the central government implemented a reservation policy, allotting 27% of seats in union civil posts and services to OBCs under Article 16(4). Similarly, the policy was also enforced in central government educational institutions under Article 15(4).
Further advancements were made in 2008 when the Supreme Court directed the government to exclude the ‘creamy layer’ or advanced sections among the OBCs from benefiting from the reservation policy. This move ensured that the policy serves its purpose by reaching the most disadvantaged groups.
In 2018, the 102nd Constitution Amendment Act bestowed constitutional status on the National Commission for Backward Classes (NCBC), elevating it from a statutory body to a recognized entity tasked with safeguarding the interests of backward classes, including the OBCs.
UPSC Civil Services Examination Question
As an example of the coverage of these topics in official exams, consider this question from the UPSC Civil Services Examination: “Consider the following organizations/bodies in India: (2023) The National Commission for Backward Classes, The National Human Rights Commission, The National Law Commission, The National Consumer Disputes Redressal Commission – How many of the above are constitutional bodies?” In this case, the correct answer is (a) Only one.
