Context:
Supreme Court observed that criterion for including communities in the OBC list must be based on backwardness and not religion.
OBC (Other Backward Classes):
- Socially and Educationally Backward Classes (SEBCs) are commonly referred to as OBCs.
- No standard definition of Other Backward Classes (OBCs) in the Indian Constitution.
- OBCs List – Each state has 2 OBC lists—one at the central level for benefits provided by the Central Government and another at the state level for benefits provided by the State Government.
Central List:
- Article 342A (1) – President is authorized to specify the Central list of OBCs for a particular State or Union Territory.
- Any changes to the Central list of OBCs can only be made by the Parliament.
- Process of Inclusion –
- National Commission for Backward Classes(NCBC) is a constitutional body that examines requests for inclusion of castes in Central OBC list.
- NCBC constitutes a Bench to examine proposals and forwards its decision to the Union government.
- Cabinet approves the additions and brings legislation, President notifies the change
State List of OBC:
- 105th Amendment to Constitution re-affirmed States’ right to maintain their own OBC lists
- Article 342A (3) – Empowers each State or Union Territory to prepare and maintain its own list of SEBCs, which may differ from the Central list.
Reservations for OBCs:
- Constitutional Provisions: Articles 15 and 16 of the Constitution enable reservations for OBCs in educational institutions and public employment.
- Mandal Commission: In 1990, the Centre implemented a 27% reservation for OBCs in Central Educational Institutions and Central Government services, as recommended by the Mandal Commission.
- Supreme Court Ruling: The Supreme Court upheld this reservation in the Indra Sawhney vs. Union of India case in 1992, subject to the exclusion of the “Creamy Layer” (wealthier and more privileged members of OBCs).
Source: The Hindu
Previous Year Question
Consider the following organizations/ bodies in India:
1. The National Commission for Backward Classes
2. The National Human Rights Commission
3. The National Law Commission
4. The National Consumer Disputes Redressal Commission
How many of the above are constitutional bodies?
[UPSC Civil Service – 2023 Prelims]
(a) Only one
(b) Only two
(c) Only three
(d) All four
Answer: (a)
Explanation:
All other bodies except National Commission for Backward Classes are non-constitutional bodies.