The Union Cabinet approved the extension of the term of the Commission constituted to examine the issue of sub-categorisation within OBC in the Central List by six months.

The proposed extension of tenure up to January 31, 2022 and addition in its terms of reference shall enable the Commission to submit a comprehensive report on the issue of sub-categorisation of Other Backward Classes (OBCs), after consultation with various stakeholders.

This is the eleventh extension of the term of the Commission constituted under Article 340 of the Constitution.

When was the commission formed?

• The four-member Commission, set up on October 2, 2017, under Article 340 of the Constitution, started functioning from October 11, 2017.

• The Commission is headed by retired Delhi High Court Chief Justice G. Rohini. The commission is commonly known as Justice Rohini Commission.

• When the Commission was constituted in 2017, it was asked to submit its recommendations in 12 weeks. However, it sought more time as it wanted to obtain caste-wise data. Thereafter the government had been extending its term periodically.

Originally, the Commission had three terms of reference. They are: 

1) To examine the extent of inequitable distribution of benefits of reservation among the castes or communities included in the broad category of OBCs with reference to such classes included in the Central List.

2) To work out the mechanism, criteria, norms and parameters in a scientific approach for sub-categorisation within such OBCs.

3) To take up the exercise of identifying the respective castes or communities or sub-castes or synonyms in the Central List of OBCs and classifying them into their respective sub-categories.

• Later, a new term of reference was included. The new ToR, the fourth one, has asked the commission to study the various entries in the “Central List of OBCs and recommend correction of any repetitions, ambiguities, inconsistencies and errors of spelling or transcription”.

Who will benefit from the Commission’s report?

The communities in the existing list of OBCs which have not been able to get any major benefit of the scheme of reservation for OBCs for appointment in central government posts and for admission in central government educational institutions are expected to be benefitted upon implementation of the recommendations of the commission. 

The commission is likely to make recommendations for the benefit of such marginalized communities in the Central List of OBCs.

What is Article 340?

Article 340 of the Constitution deals with the appointment of a commission to investigate the conditions of backward classes.

It says:

(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 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.

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