3-Aug-2021: Identification of Backward Classes

Government is in consultation with legal experts and the Ministry of Law and Justice for examining ways to protect the power of the States in determining the State list of OBCs for their respective States.

Hon’ble Supreme Court in W.P. 938/2020 has, on 5th May 2021, interpreted the Constitution (One Hundred and Second) Amendment Act 2018 and ordered that Central list specified by the President shall be the only list of SEBCs (OBCs) for all purposes of the Constitution, in relation to each State and Union Territory. The court has concluded the States do not have any power to publish their list of SEBCs.

28-Jul-2021: Right to Identify and List Backward Classes

The Constitution (One Hundred and Second) Amendment Act 2018 has inserted Article 342-A in the Constitution of India pertaining to the Central List of Socially and Educationally backward Classes (SEBCs - commonly known as other backward classes - OBCs), which had authorized the President to specify the Central list of the SEBCs, in relation to a particular State or Union Territory. Further, any modification to the central list of the SEBCs (OBCs) can be done only by the Parliament.

Hon'ble Supreme Court in W.P. 938/2020 has, on 5° May 2021, interpreted the Constitution (One Hundred and Second) Amendment Act 2018 and ordered that list specified by the President shall be the only list of SEBCs (OBCs) for all purposes of the Constitution, in relation to each State and Union Territory. The States do not have any power to publish their list of SEBCs.

The above Judgment of the Hon'ble Supreme Court did not take into account the legislative intent as reflected in the debates in Parliament preceding the enactment of the Amendment, where it was declared unequivocally that the Amendment would not impinge upon States' powers to recognize and declare those classes in the State which were backward. Hence a Review Petition has been filed for reconsideration of the Judgment, but the same has been dismissed.

Government is in consultation with legal experts and the Ministry of Law and examining ways to protect the power of the States in determining the State list of OBCs for their respective States.

14-Jul-2021: Cabinet approves Extension of term of the Commission constituted under Article 340 of the Constitution to examine the issue of Sub-categorization within Other Backward Classes in the Central List

The Union Cabinet chaired by the Hon’ble Prime Minister Shri Narendra Modi today has approved the Eleventh Extension of the term of the Commission constituted under Article 340 of the Constitution to examine the issue of Sub-categorization within Other Backward Classes (OBCs) in the Central List by 6 months beyond 31st July 2021 and upto 31st January 2022.

Benefit: The proposed extension of tenure and addition in its terms of reference shall enable the “Commission” to submit a comprehensive report on the issue of sub-categorization of OBCs, after consultation with various stake holders.

Implementation Schedule: The Order of extension of the term of the “Commission” by 6 months beyond 31.7.2021 and till 31.01.2022 would be notified with the approval of the President.

24-Jun-2020: Cabinet approves Extension of tenure of the Commission constituted under Article 340 of the constitution to examine the issue of sub-categorization within Other Backward Classes in the Central List

The Union Cabinet chaired by the Prime Minister, Shri Narendra Modi has approved the extension of the term of the Commission to examine the issue of Sub-categorization of Other Backward Classes, by 6 months i.e. upto 31.1.2021. 

Impact including employment generation potential: The Communities in the existing list of OBCs which have not been able to get any major benefit of the scheme of reservation for OBCs for appointment in Central Government posts and for admission in Central Government Educational Institutions are expected to be benefitted upon implementation of the recommendations of the Commission. The Commission is likely to make recommendations for benefit of such marginalized communities in the Central List of OBCs.

Expenditure: The expenditure involved are related to the establishment and administration costs of the Commission, which would continue to be borne by the Department of Social Justice and Empowerment.

Benefits: All persons belonging to the castes/communities which are included in the Central List of SEBCs but which have not been able to get any major benefit of the existing scheme of reservation for OBCs in Central Government posts & for admission in Central Government Educational Institutions would be benefitted.

Implementation schedule: Orders for extension of the term of the Commission and addition in its Terms of Reference will be notified in the Gazette in the form of an Order made by the President, after receipt of the approval of the Hon'ble President to the same.

Background: The Commission was constituted under article 340 of the Constitution with the approval of President on 2nd October, 2017. The Commission, headed by Justice (Retd.) Smt. G. Rohini commenced functioning on 11th October, 2017 and has since interacted with all the States/UTs which have subcategorized OBCs, and the State Backward Classes Commissions. The Commission has come to the view that it would require some more time to submit its report since the repetitions, ambiguities, inconsistencies and errors of spelling or transcription etc. appearing in the existing Central List of OBCs need to be cleared. Hence the Commission had sought extension of its term, up to 31st July 2020. However, due to the nationwide lockdown and restrictions on travel imposed on account of COVID-19 pandemic, the Commission was not able to go perform the task assigned to it. Therefore, the term of the Commission is being extended for a period of 6 more months i.e. up to 31.1.2021.

22-Nov-2018: Cabinet approves extension of the term of the Commission to examine the issue of Sub-categorization of Other Backward Classes in the Central List till 31st May 2019.

The Union Cabinet has approved the extension of the term of the Commission to examine the issue of Sub-categorization of Other Backward Classes in the Central List for six months beyond 30th November, 2018 and till 31st May 2019.

The Commission has held extensive meetings with the stake holders including the State Governments, the State Backward Classes Commissions, various community associations and general public belonging to various Backward Classes and Commissions and also obtained records, caste-wise, of OBCs admitted in higher educational institution as well as similar caste-wise data of recruits in Central Departments, Central Public Sector Undertakings, Public Sector Banks & Financial Institutions.

Based on the emanating information from the data as processed and analyzed, the Commission has expressed that a round of discussion with the States and their Backward Classes Commission was required before finalizing the sub-categorized lists and the Report.

2-Oct-2017: President Appoints Commission to Examine Sub Categorization of other Backward Classes under Article 340 of the Constitution

The President in exercise of the powers conferred by article 340 of the Constitution appointed a Commission to examine the sub-categorisation of Other Backward Classes. This decision, taken on the birth anniversary of Mahatma Gandhi, reinforces, in the spirit of his teachings, the Government's efforts to achieve greater social justice and inclusion for all, and specifically members of the Other Backward Classes. Sub categorization of the OBCs will ensure that the more backward among the OBC communities can also access the benefits of reservation for educational institutions and government jobs.

The composition of the Commission is as follows:

1. Chairperson -Justice (Retd.) G. Rohini,
2. Member -Dr. J.K. Bajaj
3. Member(Ex-officio)-Director, Anthropological Survey of India,
4. Member (Ex-officio)-Registrar General and Census Commissioner, India
5. Secretary of the Commission-Joint Secretary, Department of SJ&E, Ministry of Social Justice and Empowerment.

The terms of reference of the Commission are as under

1. To examine the extent of inequitable distribution of benefits of reservation among the castes or communities included in the broad category of Other Backward Classes with reference to such classes included in the Central List;
2. To work out the mechanism, criteria, norms and parameters in a scientific approach for sub-categorisation within such Other Backward Classes; and
3. To take up the exercise of identifying the respective castes or communities or sub-castes or synonyms in the Central List of Other Backward Classes and classifying them into their respective sub-categories.

The Commission is required to present their Report to the President within a period of twelve weeks of assumption of charge by the Chairperson of the Commission.

On receipt of the Report of the Commission, the Central Government will consider ways and means for equitable distribution of the benefits of the reservation in Central Government jobs and admission in Central Government Institutions amongst all strata of the Other Backward Classes.

23-Aug-2017: Cabinet approves setting up of a Commission to examine the Sub-Categorization within OBCs

The Union Cabinet has approved a proposal for setting up of a Commission under article 340 of the Constitution to examine the issue of sub-categorization of the Other Backward Classes (OBCs).

The Commission shall submit its report within 12 weeks from the date of appointment of the Chairperson of the Commission. The Commission shall be known as the Commission to examine the sub-categorization of Other Backward Classes.

The proposed terms of references of the Commission are as follows:

1. To examine the extent of inequitable distribution of benefits of reservation among the castes/ communities included in the broad category of OBCs, with reference to the OBCs included in the Central list.
2. To work out the mechanism, criteria, norms and parameters, in a scientific approach, for sub-categorization within such OBCs, and,
3. To take up the exercise of identifying the respective castes/communities/ sub-castes/ synonyms in the Central List of OBCs and classifying them into their respective sub-categories.

The Supreme Court in its order dated 16.11.1992 in WP(C) No. 930/1990 (Indra Sawhney and others vs. Union of India) observed that there is no Constitutional or legal bar to a State categorizing backward classes as backward or more backward and had further observed that if a State chooses to do it (sub-categorization), it is not impermissible in law.

Nine States of the country viz., Andhra Pradesh, Telangana, Puducherry, Karnataka, Haryana, Jharkhand, West Bengal, Bihar, Maharashtra and Tamil Nadu have already carried out sub-categorization of Other Backward Classes.