Commission on Sub-categorisation of OBCs : Daily Current Affairs

Relevance: GS-1: Salient features of Indian Society, Diversity of India.

Key Phrases: Justice Rohini Commission, Socially and Educationally Backward Classes Commission, Mandal Commission, Sub-categorisation of OBCs, General category, None Found Suitable, Methodology.

Why in News?

The Union Cabinet has given the 13th extension to the Justice Rohini Commission,that is until January 31, 2023 to submit its report.

Background:

In 1955, the First Backward Classes Commission under Kaka Saheb Kalelkar identified 2,399 backward classes (BC), of which 837 were classified as ‘most backward’.
The Second Socially and Educationally Backward Classes Commission, popularly known as Mandal Commission, was established in 1979 by the Morarji Desai-led Janata Party government and submitted its report in 1980.
The Mandal Commission identified 3,743 castes as backward, which constitute 52 per cent of the population – this apart from Scheduled Castes (SC) and Scheduled Tribes (ST).
However, its recommendations of introducing 27% reservation for OBCs was implemented by the VP Singh government over a decade later in August 1990.

Do you know who appoints Backward Class Commission?

As per Art 340 : Appointment of a Commission to investigate the conditions of backward classes

The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour.
- Such a Commission shall 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 and as to the grants that should be made for the purpose by the Union or any State the conditions subject to which such grants should be made,
- The order appointing such Commission shall define the procedure to be followed by the Commission.
A Commission so appointed shall investigate the matters referred to them and present to the President a report setting out the facts as found by them and making such recommendations as they think proper
The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each House of Parliament

Commission on Sub-categorisation of OBCs:

The commission was set up on October 2, 2017 under Article 340 of the Constitution.
It was tasked with sub-categorisation of the Other Backward Classes (OBCs) and equitable distribution of benefits reserved for them.
Its objectives include working out a mechanism, criteria, norm and parameters through a scientific approach for sub-categorisation within the OBCs and identifying the respective castes or communities or sub-castes or synonyms in the Central List of OBCs and classifying them into their respective sub-categories.

National Commission for Backward Classes

National Commission for Backward Classes (NCBC) established on 14th August 1993 is a statutory body formed under the National Commission for Backward Classes Act, 1993.
102nd Constitution Amendment Act, 2018 provides constitutional status to the National Commission for Backward Classes (NCBC).
The National Commission for Backward Classes consists of five regulatory members which include the Chairperson, Vice-Chairperson and three other members with a tenure period of three years.
According to Article 338B, It shall be the duty of the Commission—
- to investigate and monitor all matters relating to the safeguards provided for the socially and educationally backward classes under this Constitution.
- to inquire into specific complaints with respect to the deprivation of rights and safeguards of the socially and educationally backward classes.
- to participate and advise on the socio-economic development of the socially and educationally backward classes and to evaluate the progress of their development under the Union and any State.
- to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguard.

What are the Commission’s terms of reference?

The Government has constituted a Commission under article 340, to examine the issues of the sub-categorization of Other Backward Classes with the following terms of reference:

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.
To work out the mechanism, criteria, norms and parameters in a scientific approach for sub-categorisation within such Other Backward Classes.
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.
It was originally set up with three terms of reference, but a fourth term of reference was added on January 22, 2020, when the Cabinet granted it an extension.
- To study the various entries in the Central List of OBCs and recommend correction of any repetitions, ambiguities, inconsistencies and errors of spelling or transcription.

What have Commission findings been so far?

In 2018, the Commission analysed the data of 1.3 lakh central jobs given under OBC quota over the preceding five years and OBC admissions to central higher education institutions, including universities, IITs, NITs, IIMs and AIIMS, over the preceding three years. The findings were:

97% of all jobs and educational seats have gone to just 25% of all sub-castes classified as OBCs
24.95% of these jobs and seats have gone to just 10 OBC communities
983 OBC communities — 37% of the total — have zero representation in jobs and educational institutions
994 OBC sub-castes have a total representation of only 2.68% in recruitment and admissions.
OBC representation is 16.51 % in group-A central government services
13.38 % in group-B
21.25 % in group-C (excluding safai karmacharis)
17.72 % in group-C (safai karmacharis)
There was not a single professor and associate professor appointed under the OBC quota in central universities.
Posts reserved for them were being filled by people of general category as OBC candidates were declared ‘None Found Suitable’ (NFS).

Major Challenges:

To develop a methodology for sub-categorisation of OBCs.
- The methodology to identify castes that are more backward is difficult to arrive at unless there is proper statistical information about the representation of respective castes in central government educational institutions and employment services.
Availability of information regarding the social and educational backwardness of various castes and the state-wise variations of a particular caste.
- Absence of data for the population of various communities to compare with their representation in jobs and admissions.
- Certain castes may enjoy educationally and socially a better position in north India and the same may not be true in the southern states. There might be inter-state variations of a particular caste.
The decision to sub-categorise may face judicial hurdles if the government fails to provide strong empirical analysis of educational and social backwardness of such groups.
The move to sub-categorise OBCs will create some agitation in forward/intermediate castes of OBCs.