Sub-Categorisation of OBCs - G Rohini Commission

What’s in today’s article?

• Why in news?
• The sub-categorisation of OBCs:
• Background:
• What is G Rohini Commission?
• What were the terms of references of the G Rohini Commission?
• Data analysed by the commission
• What were the challenges faced by the G Rohini Commission?

 

Why in news?

• The report of a commission set up to examine the sub-categorisation of Other Backward Classes (OBCs) was submitted to President Droupadi Murmu.
• The contents of the report have not been made public as yet.
• The four-member commission headed by Justice G Rohini, a retired Chief Justice of Delhi High Court, was appointed on October 2, 2017.

 

The Sub-Categorisation of OBCs:

Background:

• OBCs are granted 27% reservation in jobs and education under the central government.
  • However, there is a widespread perception that only a few wealthy communities among the over 2,600 on the Central List of OBCs have secured a significant portion of this 27% reservation.
  • Nine states have already sub-categorised OBCs.
    • Andhra Pradesh, Telangana, Puducherry, Karnataka, Haryana, Jharkhand, West Bengal, Bihar, Maharashtra, and Tamil Nadu are the states involved.
• In 2020, a Constitution Bench of the Supreme Court of India reopened the legal debate on sub-categorisation of Scheduled Castes (SCs) and Scheduled Tribes (STs) for reservations.
  • Disagreeing with its 2005 Constitution Bench verdict, the SC asserted that there are unequals within the list of SCs, STs and socially and educationally backward classes (SEBCs).
    • In the case of E.V. Chinnaiah v. State of Andhra Pradesh (2005), the Supreme Court held that the Scheduled Castes form one homogenous group.
    • Therefore, any inter-se classification within the Scheduled Castes would be a violation of Article 14.
    • In other words, it prohibited sub-categorisation of SCs.
  • The SC referred the issue of preferential treatment for certain sub-castes within the SCs and STs to a larger bench
• The argument for sub-categorisation or creating categories within OBCs for reservation is that it ensures "equitable distribution" of representation among all OBC communities.
• To examine this, the G Rohini Commission was constituted by the Central government in 2017.

 

What is G Rohini Commission?

• It was constituted in 2017 under Article 340 of the Constitution with the approval of the President of India.
  • Article 340 empowers the President of India to appoint a commission to investigate issues concerning OBCs and make recommendations to improve their situation.
• Prior to constituting the Rohini Commission, the Centre had granted the National Commission for Backward Classes (NCBC) constitutional status by the 102nd Amendment Act, 2018.

 

What were the terms of references of the G Rohini Commission?

• To investigate the extent of inequitable distribution of reservation benefits among castes or communities in the broad category of OBCs.
• To develop the mechanism, criteria, norms and parameters for sub-categorisation within such OBCs using a scientific approach.
• To begin the process of identifying and classifying the respective castes, communities, sub-castes in the Central List of OBCs.
• To review the various entries in the Central List of OBCs and recommend changes to any repetitions, ambiguities, inconsistencies, or spelling or transcription errors (added in 2020).

 

Data analysed by the commission

• Analysis
  • In 2018, the commission analysed the data of 1.3 lakh central government jobs under the OBC quota over the preceding five years.
  • It also included OBC admissions to central higher education institutions, including universities, IITs, NITs, IIMs and AIIMS, over the preceding three years.
• Findings
  • The analysis showed 97% of all jobs and education seats have gone to 25% of OBC castes, and 24.95% of these jobs and seats have gone to just 10 OBC communities.
  • As many as 983 OBC communities — 37% of the total — were found to have zero representation in jobs and educational institutions.
  • 994 OBC sub-castes had a representation of only 2.68% in recruitments and admissions.
  • However, this analysis suffered from limitations due to the absence of updated population data.

 

What were the challenges faced by the G Rohini Commission?

• The absence of data
  • The absence of data on the population of various communities to compare with their representation in jobs and admissions.
  • As a result, in December 2018, the commission wrote to the government asking for a budgetary provision for an all-India survey to estimate the population of various OBCs.
  • Later, it decided not to undertake such survey at this stage.
• Demand for a caste census
  • OBC groups and almost all political parties barring the BJP central leadership have continued to demand a caste census.
    • The Bihar legislature has twice unanimously passed resolutions calling for a caste census.
    • Recently, Patna High Court dismissed a challenge to the decision of the Bihar government to conduct a caste survey, paving the way for the exercise in the state.

 

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Q1) What is National Commission for Backward Classes (NCBC)?

The National Commission for Backward Classes (NCBC) is a constitutional body in India that was established to investigate and recommend the inclusion or exclusion of communities in the list of socially and educationally backward classes. The commission is responsible for evaluating the backwardness of various communities and suggesting measures to uplift them through reservation policies and other welfare programs. The NCBC was formed in 1993 under the provisions of the 102nd Amendment Act, 2018, which inserted Article 338B in the Indian Constitution. It replaced the erstwhile National Commission for Backward Classes (NCBC) Act of 1993.

 

Q2) What is Article 340 of the Indian Constitution?

Article 340 empowers the President of India to appoint a commission to investigate issues concerning OBCs and make recommendations to improve their situation.

 

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Source: Rohini panel submits long-awaited report: what is ‘sub-categorisation’ of OBCs? | The Hindu | The Print