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Sub Categorization of OBC

Sub Categorization of OBC

  • The Union Cabinet recently granted Justice Rohini Commission its 13th extension to submit its report.

Background:

  • OBCs: 27% reservation in jobs and education under the central government.
  • Nine states have already sub-categorised OBCs.
  • 2020: SC reopened the legal debate on sub-categorisation of SCs and STs for reservations.
  • Disagreeing with its 2004 verdict, the SC asserted that there are unequals within the list of SCs, STs and socially and educationally backward classes (SEBCs).
    • E.V. Chinnaiah v. State of Andhra Pradesh (2004): SCs form one homogenous group.
    • Therefore, any inter-se classification within SCs would be a violation of Article 14.
  • To examine sub-categorisation within OBCs for reservation to ensure "equitable distribution" of representation G Rohini Commission was constituted in 2017.

About the G Rohini Commission

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

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Terms of reference of the Commission:

  • Investigate extent of inequitable distribution of reservation benefits among castes or communities in the broad category of OBCs.
  • Develop mechanism, criteria, norms and parameters for sub-categorisation
  • Begin the process of identifying and classifying the respective castes, communities, sub-castes in OBC list.
  • Review various entries in Central List of OBCs and recommend changes.

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The Commission's findings so far:

  • 97% of all jobs and educational seats have gone to just 25% of all sub-castes classified as OBCs.
  • 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.

Challenges before the Commission:

  • Absence of data
  • Inadequate Budget for a proposed all-India survey

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