Constitutional Provisions for OBC’s

  • The constitution does not describe the term backward classes.
  • It is up to the centre and the states to postulate the classes that belong to this group. However, it is understood that classes that are not represented adequately in the services of the state can be termed, backward classes.
  • Further, the President can, under Art. 340 constitute a commission to investigate the condition of socially and educationally backward classes. Based on this report, the president may specify the backward classes. Commission for Enquiring into Conditions of Backward Classes
  1. Article 340: Appointment of a Commission to investigate the conditions of backward classes.

Safeguards relating to Educational & Public Employment

  1. Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
  2. Article 16: Equality of opportunity in matters of public employment.
  3. Art. 15 (4): “Nothing in this article or in article 29(2) shall prevent the state from making any provisions for the advancement of any socially and economically backward classes of citizens or for Scheduled Castes and Scheduled Tribes.” This clause started the era of reservations in India. You may please note that Art. 15(4) talks about backward classes and not backward castes thus caste is not the only criterion for backwardness and other criteria must also be considered.
  4. Art. 15 (5): This clause was added in 93rd amendment in 2005 and allows the state to make special provisions for backward classes or SCs or STs for admissions in private educational institutions, aided or unaided.
  5. Art. 16(4): This clause allows the state to reserve vacancies in public service for any backward classes of the state that are not adequately represented in the public services.
  6. Art. 16 (4A): This allows the state to implement reservation in the matter of promotion for SCs and STs.
  7. Art. 16(4B): This allows the state to consider unfilled vacancies reserved for backward classes as a separate class of vacancies not subject to a limit of 50% reservation.

National Commission for Backward Classes.

THE CONSTITUTION (ONE HUNDRED AND SECOND AMENDMENT) ACT, 2018

This Act may be called the Constitution (One Hundred and Second Amendment) Act, 2018.

  1. After article 338A of the Constitution, the following article shall be inserted, namely:— “338B. (1) There shall be a Commission for the socially and educationally backward classes to be known as the National Commission for Backward Classes.
  2. Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine.
  3. The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.
  4. The Commission shall have the power to regulate its own procedure.
  5. 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 or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;
    • 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 safeguards;
    • to make in such reports the recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the socially and educationally backward classes; and
    • to discharge such other functions in relation to the protection, welfare and development and advancement of the socially and educationally backward classes as the President may, subject to the provisions of any law made by Parliament, by rule specify.
  • The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.
  • Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the State Government which shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.
  • The Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely:— summoning and enforcing the attendance of any person from any part of India and examining him on oath;
    • requiring the discovery and production of any document;
    • receiving evidence on affidavits;
    • requisitioning any public record or copy thereof from any court or office;
    • issuing commissions for the examination of witnesses and documents;
    • any other matter which the President may, by rule, determine.
  • The Union and every State Government shall consult the Commission on all major policy matters affecting the socially and educationally backward classes.”.
  • After article 342 of the Constitution, the following article shall be inserted, namely:— “342A. (1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify the socially and educationally backward classes which shall for the purposes of this Constitution be deemed to be socially and educationally backward classes in relation to that State or Union territory, as the case may be.
  • Parliament may by law include in or exclude from the Central List of socially and educationally backward classes specified in a notification , but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.”.
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