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Development of Other Backward Classes

Article 340 of the Constitution – Appointment of a Commission to investigate the conditions of backward classes – (1) 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 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 and as to the grants that should be made for the purpose by the Union or any State and the conditions subject to which such grants should be made, and the order appointing such Commission shall define the procedure to be followed by the Commission.

(2) 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.

(3) 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.

Kakak Kalelkar Commission – First Other Backward Classes Commission was made under the chairmanship of famous Social worker Kaka Kalelkar in January 1953. The Commission gave its report in March 1955. This Commission listed 2399 backward castes and communities out of which 837 were extremely backward. No action was taken on its report.

Mandal Commission – Prime Minister Morarji Desai of Janta Party Government in 1978 appointed a Commission under this article under the chairmanship of ex-chief Minister of Bihar Bindeshwari Prasad Mandal. Mandal Commission was given the responsibility of identifying backward classes and suggesting measures for their development. Mandal Commission made criteria for identification of socially and educationally backward classes. Mandal Commission submitted its report on 31st December 1980. Prime Minister Vishwanath Prratap Singh announced in the Lok Sabha on 7th August 1990 that Government has accepted the recommendations of Mandal Commission. This report had recommended 27% reservation for other backward classes in Government Services. Mandal Commission had assessed the population of Other Backward Classes to be 54% (Excluding SC and ST) and had identified 3743 communities to be backward classes. Prime Minister Vishwanath Pratap Singh issued an Office Memorandum on 13th August 1990 for 27% reservation of OBC in Government Services.

The Supreme Court Bar Association filed an Writ Petition before the Supreme Court challenging this order of the Government. Supreme Court stayed the order of the Government on 1st October 1990.

Mr Narsimha Rao made two important changes after he became the Prime Minister –

1. Economic criteria were included in the 27% reservation for OBC.
2. 10% additional reservation was done for socially and educationally backward classes. Thus the total reservation for OBC became 37%.

In the mean time the 5 judge bench of the Supreme Court referred the matter to a 9 Judge Constitution bench. This case WP(C) 930/1990 popularly known as Indira Swahney case eas decided as follows by the Supreme Court –

1. Reservation in to OBC in Government Services is not unconstitutional and can be given by executive order.
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2. Creamy Layer cannot be given the benefit of the facilities given to OBC.
3. Total reservation cannot be more than 50%.
4. There shall be no reservation in promotions.

What is creamy layer – These words were used for the first time in 1971 by Sattanathan Commission but it was clearly defined by the Supreme Court in Indira Swahney case. An expert Committee was constituted on 10th March 1993 by the Government for identification of creamy layer. The committee gave its report on 8th September 1993. Permanent Backward Classes Commission was also established in 1993.

At present the following category of people are excluded from OBC reservation being part of the creamy layer –

1. Persons on Constitutional Posts
2. Judges of Higher judiciary
3. Group A and B employees of Public Sector Undertakings
4. Group A and B employees of Central and State Governments
5. Officers above the rank of Colonel in the armed forces and paramilitary forces.
6. Those persons whose annual income is more than Rs 8 lakh (The income limit was Rs 1 lakh in 1993, 2.5 lakh in 2004, 4.5 lakh in October 2008, 6 lakh in May 2013 and 8 lakh in September 2017)

The concept of creamy layer does not apply to SC and ST. At present the reservation for SC is 15%, ST is 7.5% and OBC is 27%. Thus total reservation is 49.5%.

According to the information from various Ministries the representation in Central Government Services on 1st January 2014 for SC is 17.35%, ST is 8.38% and OBC is 19.28%. At present there is also reservation for OBC in educational institutions.

The Bill for giving Constitutional Status to the National Backward Classes Commission – The Constitution amendment (123rd amendment) bill, 2017 for giving constitutional status to National Backward Classes Commission was recently passed in the Parliament. The National Backward Classes Commission will have a Chairman, a Vice-Chairman and three othet members. The conditions of service and term of office of the Chairman, vice-chairman and members of the Commission will be decided by the President. The Commission will have the power to regulate its procedures. The Commission will make recommendations to the Government for the social and economic development of OBCs. The Commission will also have the powers of inquiry and monitoring of cases of security of OBCs. The OBC commission established in 1993 only had the authority of including or excluding castes from the list of OBCs. After this bill is passed Article 342 (a) shall be inserted in the Constitution to give the powers of civil court to the Commission. This will give the Commission authority to hear and give remedy to the cmplaints of OBCs.

Other Backward Classes in Chhattisgarh

1. As per NSSO data of 2006 the population of OBCs in Chhattisgarh is 41.1%.
2. According to the National Backward Classes Commission there are 67 Backward Castes and many sub-castes in Chhattisgarh.
3. The Chhattisgarh State Backward Classes Commission was established in January 2007. The work of this Commission is continued identification of OBCs, inquiry into caste certificates and to make recommendations to the Government for Government facilities to OBCs. The Chairman of the Commission is Dr. Siyaramm sahu.

Important schemes of the Government of Chhattisgarh for OBCs

Schemes of Education

1. State Scholarship – This scholarship is give to students of class 6th to 10th from June to March for 10 months. Students whose guardians are not income tax payees and have less than 10 acres land are eligible to the scholarship.
2. Post-Matric Scholarship – Students of OBS whose guardians have an annual income of less than 1 lakh are eligible.

Scheme sof social and economic Development

1. Self-employment finance schemes – Loans to OBCs and Minorities – Backward Classes and Minorities Finance Development Corporation gives loan and subsidy for self employment to persons under poverty line of double the poverty line. Loans are given for auto-rickshaw, readymade shops, car workshop, auto repair parts, etc. 80% loan is given.
2. Free vocational training –Youth of OBC category are given free training in the vocational training centers of Antyavsayi Cooperative Finance and Development Corporation.