The Role and Rights of Other Backward Classes in India, Constitutional Provisions

Learn about the rights, constitutional provisions, schemes, and need for sub-categorization for Other Backward Classes in India to ensure social justice.

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The Other Backward Classes in India (OBCs) are recognized by the Indian Constitution as socially and educationally backward. They are provided with affirmative actions like reservations in government jobs and educational institutions. The aim is to uplift communities that have historically faced systemic marginalization.

According to the Situation Assessment of Agricultural Households and Land Holdings of Households in Rural India, 2019, 44.4% of rural households belonged to OBCs. This highlights the vast population dependent on welfare measures and support structures provided by the government.

Constitutional Provisions for Other Backward Classes in India

To protect the rights of the Other Backward Classes in India, the Constitution includes several provisions:

  • Article 15(4) and 16(4) empower the state to make special provisions for the advancement of socially and educationally backward classes.

  • The 102nd Constitutional Amendment Act, 2018, added Article 338-B, making the National Commission for Backward Classes (NCBC) a constitutional body.

Important Backward Class Commissions


  1. Kaka Kalelkar Commission (1953) – The first backward class commission.

  2. Mandal Commission (1979) – Recommended 27% reservations for OBCs in jobs and education, implemented in 1990.

Welfare Schemes for Other Backward Classes in India

Pre and Post Matric Scholarships

These scholarships support OBC students financially, encouraging them to complete school and college education.

Hostel Construction for OBC Students

Hostels are built to provide a safe and supportive environment for OBC students from rural and disadvantaged backgrounds to pursue secondary and higher education.

National Fellowship for OBCs

This scheme helps OBC students pursue higher education, including M.Phil. and Ph.D. degrees, by offering financial assistance.

SHREYAS Scheme

The SHREYAS scheme focuses on the educational empowerment of OBC and EBC students through fellowships and interest subsidies on education loans for overseas studies.

National Commission for Backward Classes (NCBC)

The National Commission for Backward Classes was set up in 1993 and gained constitutional status under Article 338-B through the 102nd Amendment in 2018.

Key Functions of NCBC

  • Monitor and examine safeguards for Other Backward Classes in India.

  • Investigate specific complaints regarding deprivation of rights.

  • Recommend socio-economic welfare measures.

  • Participate in planning educational and social development.

Limitations of NCBC

  • Non-Binding Recommendations: The government is not obligated to implement NCBC suggestions.

  • Lack of Definitional Power: NCBC cannot define or decide backwardness criteria independently.

  • Ignoring SC Directives: The commission lacks expert representation as suggested by the Supreme Court.

OBC Reservation and Sub-Categorization

In the Indra Sawhney Case (1992), the Supreme Court validated the 27% OBC reservation but excluded the "creamy layer" — economically better-off OBCs — from benefits.

Despite implementation, many marginalized OBC sub-groups remain underrepresented. For example, in 2013, OBCs made up:

  • 10.01% in Class B

  • 8.37% in Class A

  • 17.98% in Class C government jobs.

Their representation in CPSEs increased from 16.6% in 2004 to 28.5% in 2014. Yet, the benefits haven’t adequately reached the most disadvantaged among them.

Way Forward for Empowering Other Backward Classes in India

  • Ensure expert representation in NCBC.

  • Publicly release caste census data.

  • Promote gender-sensitive and inclusive commission membership.

  • Move away from vote-bank politics toward value-based governance.

  • Accelerate OBC sub-categorization for fair distribution of reservation benefits.

Conclusion

Empowering the Other Backward Classes in India requires timely reforms, transparent implementation of policies, and a data-driven approach. Sub-categorization is essential for reaching the most disadvantaged sub-castes and ensuring social justice. It is time to ensure equitable access and effective delivery of benefits for Other Backward Classes in India.



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