The Union Cabinet recently gave the 13th extension to the Justice Rohini Commission, tasked with examining the sub-categorisation of Other Backward Classes (OBCs). The commission’s report is now due on 31st January 2023, despite the initial deadline being set for just 12 weeks later; on 2nd January, 2018.
Commission Background
Established on 2nd October, 2017 under Article 340 of the Constitution, the Justice Rohini Commission was instructed to sub-categorise the OBCs and ensure an equitable distribution of benefits reserved for them. This decision came after the National Commission for Backward Classes (NCBC) recommended in 2015 that OBCs be divided into extremely backward classes, more backward classes, and backward classes.
The Role of the NCBC
The NCBC, authorised with looking into grievances and welfare measures regarding socially and educationally backward classes, was deemed vital to this process. The commission held the power to investigate allegations and establish guidelines for the fair assignment of these categories.
Terms of Reference for the Commission
The commission was engaged with several mandates, including scrutinising the uneven distribution of reservation benefits amongst different castes in the central OBC list. Its other responsibilities included creating a scientific approach for sub-categorisation within the OBCs, identifying the respective castes, communities, sub-castes, and synonyms for data coverage, and rectifying any inconsistencies or errors in nomenclature.
Achievements So Far
The commission has achieved a fair amount since its inception. It has met representatives from state governments, state backward classes commissions, community associations, amongst others. In 2021, it proposed a four-tier subcateogrization of OBCs, and the reservation percentage of 27% was divided amongst these. The commission also advocated for the complete digitisation of all OBC records and a standardised system for issuing OBC certificates.
Evolution of the OBC Reservation Status
The Kalelkar Commission of 1953 was the first to identify backward classes aside from Scheduled Castes (SCs) and Scheduled Tribes (STs) on a national level. Later, the Mandal Commission Report in 1980 identified the OBC population as 52% and catalogued 1,257 communities as backward. This led to an increase in quota recommendations for SC/STs and the inclusion of OBCs. The central government then allocated 27% of seats in union civil posts and services for OBCs. Over time, these quotas were enforced in central government educational institutions, and in 2008, the Supreme Court advised the exclusion of the advanced sections (creamy layer) among the OBCs. Progress continued with the 102nd Constitution Amendment Act, 2018, which provided constitutional status to the National Commission for Backward Classes (NCBC), previously a statutory body under the Ministry of Social Justice and Empowerment.