OTHER BACKWARD CLASSES (OBCS) LIST 

Why in the News? 

• The National Commission for Backward Classes (NCBC) is reviewing the state list of Other Backward Classes (OBCs) using powers granted under the 102nd Constitutional Amendment Act. 

About OBCs and OBCs list 

• Definition: There is no standard definition of OBC in the Indian Constitution. Socially and Educationally backward Classes (SEBCs) are commonly known as other backward classes (OBCs). 
• OBCs list: Currently, for each state, there are two OBC lists one at the central level (for benefits by the Central Government initiatives) and another at the state level (for benefits by the State government initiatives). 
  • Central List: Article 342A (1) of the Constitution authorized the President (in consultation of the governor of the state) to specify the Central list of the OBCs, in relation to a particular State or Union Territory. 
    • Any modification to the central list of the OBCs can be done only by the Parliament. 
  • State List: Article 342A (3) empowers every State or UT to prepare and maintain for its own purposes, a list of SEBC entries which may be different from the Central List. 
• Reservations for OBCs: Articles 15 and 16 of the Constitution enable reservation for OBCs in admission to educational institutions, and in public employment. 
  • In 1990, the Centre implemented 27% reservation for OBCs in education and employment as recommended by the Mandal Commission. 
  • Such reservation for OBC was upheld by the Supreme Court in Indra Sawhney Vs. Union of India 1992 subject to exclusion of the “Creamy Layer”. 

Commissions constituted for the upliftment of OBCs 

• Under Article 340, President, may by order appoint to investigate the conditions of SEBCs and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition. 
• The President had constituted Kalelkar Commission in 1953, and Mandal Commission in 1979 to investigate the conditions of OBCs. 
  • The recommendations of Kalelkar Commission was never implemented. 
• In 2017, the President appointed a Justice Rohini Commission, to examine the sub-categorisation of OBC caste groups to ensure more equitable distribution of reservation benefits among OBCs in India. 
  • The Commission submitted its report in 2023 but it is yet to be implemented.

About NCBC

• Constitutional Body: NCBC was granted Constitutional Status under Article 338B (inserted through 102nd Constitutional Amendment Act, 2018). 
  • Article 338 B mandates Union and every State Government to consult the NCBC on all major policy matters affecting the rights of OBCs.
• Composition: Includes a Chairperson, Vice-Chairperson, and three other members appointed by the President. Their service conditions is also determined by the President.
• Power: The Commission has all the powers of a civil court.

Duties of NCBC

• Investigate and monitor safeguards for backward classes
• Inquire into specific complaints regarding deprivation of rights of the backward classes
• Advise on socioeconomic development of the OBC and also evaluate their progress
• Such other functions in relation to the protection, welfare and development and advancement of the OBCs as the President may by rule specify
• Annually present reports to the President on implementation and make recommendations