Hansraj Gangaram Ahir, the chairperson of National Commission for Backward Classes (NCBC), presented the annual reports of the NCBC for years 2022-23 and 2023-24 to President Droupadi Murmu on May 29.

Evolution of reservation system for Backward Classes

• Reservation for Backward Classes (BCs) was introduced even many years before Independence in most of the area comprising the presidencies and princely states south of the Vindhyas. 

• The process gathered momentum in course of the censuses from 1881 to 1941. The Backward Classes movement first gathered momentum in south India, particularly in Tamil Nadu, where reservation was introduced much before Independence. 

• The Indian Constitution through the Preamble envisages the Indian Republic to achieve the objective of securing to its citizens social, economic and political justice, liberty, equality and fraternity. It also elaborates the methodology to be followed for reaching this goal of social justice. 

• Article 14 of the Constitution enjoins upon the State not to deny to any person equality before law or equal protection of laws. The principle of “right to equality” is further reiterated in positive and affirmative terms in Articles 15 to 18. 

• Article 15 envisages not to discriminate any citizen and under clause (5) of Article 15, the State is empowered to make a special provision by law for advancement of any socially and educationally backward classes of citizens in the matter of admissions to educational institutions. 

• Special care was taken to declare equality of opportunity in the matter of public employment by Article 16. Clause (1) of this Article declares that in the matter of public employment or appointment to any office under the State, all citizens of this country shall have equal opportunity. 

• At the same time, Clause (4) declares that nothing in the said Article shall prevent the State from making any provision for reservation of appointments or posts in favour of any backward class of citizens which in the opinion of the State is not adequately represented in the services under the State. 

First Backward Classes Commission

• The Other Backward Classes (OBCs) have historically suffered social and educational backwardness. ‘Backward Classes’ constitute such classes or citizens, other than the SCs and STs.

• In view of Article 16(4) of the Constitution and in response to demands for reservation and other benefits for Backward Classes in other parts of India and in the Centre, the government appointed a Backward Classes Commission under Article 340 of the Constitution on January 29, 1953. 

• The Commission, popularly known as the Kaka Kalelkar Commission, was required “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 difficulties and to improve their conditions”. 

• The panel prepared a list of 2,399 backward castes/communities for the entire country and 837 of those were classified as ‘most backward’.

• The Commission submitted its report on March 30, 1955. It was considered by the government for over five years, but was rejected in 1961. 

Second Backward Classes Commission

• The Centre appointed the Second Backward Classes Commission (Mandal Commission) under Article 340 on January 1, 1979 to investigate the conditions of the Socially and Educationally Backward Classes and recommend the criteria for defining such classes of citizens, steps to be taken for their advancement and examine the desirability or otherwise of making provision for the reservation of appointments or posts in favour of such backward classes of citizens which are not adequately represented in public services and posts in connection with the affairs of the Union or of any state. 

• The Commission submitted its report on December 31, 1980.

• The Mandal Commission had estimated the OBC population at 52 per cent of the total population.

• The first tangible step for the implementation of the recommendations of the Mandal Commission’s report was taken in 1990. It was in August 1990 that the government took the historic decision to introduce reservation of 27 per cent for Backward Classes on the basis of the Mandal Commission’s recommendations. 

• This was announced in the Parliament by then Prime Minister V.P. Singh on August 7, 1990. 

• Formal orders were issued thereafter providing reservation for Socially and Educationally Backward Classes (SEBCs) of 27 per cent of the vacancies filled by direct recruitment in civil posts and services under the central government and Public Sector Undertakings and financial institutions for SEBCs. 

• A number of writ petitions were filed in the Supreme Court questioning the order along with applications for staying it. 

• The Supreme Court in its landmark judgment on November 16, 1992 in writ petition — Indra Sawhney and Others vs Union of India (popularly known as the Mandal Case) — held the government order valid and enforceable subject to the exclusion to the socially advanced persons/sections from the notified Backward Classes. 

• It directed that the implementation of the order shall be subject to the exclusion of the socially advanced members/sections (‘creamy layer’ as it was termed) of the Backward Classes. 

• The members of the Other Backward Classes who fall in ‘creamy layer’ shall not get the benefit of reservation.

• It also capped caste-based reservation at 50 per cent, ruling that “no provision of reservation or preference can be so vigorously pursued as to destroy the very concept of equality”. The limit could be exceeded only in compelling circumstances, it added.

• Another direction of the Supreme Court required the Centre, and each of the state governments and administrations of Union Territories to constitute a permanent body, in the nature of a Commission or Tribunal, for advising the respective governments on the requests for inclusion and complaints of over-inclusion or under-inclusion in the lists of Backward Classes and also directed that the advice tendered by such body shall ordinarily be binding upon the concerned government.  

Establishment of National Commission of Backward Classes (NCBC)

• In pursuance of the direction of the Supreme Court, the Centre enacted the National Commission For Backward Classes Act, 1993, setting up a National Commission For Backward Classes.

• For empowerment of the OBCs, a new body namely the National Commission of Backward Classes (NCBC) was given constitutional status with effect from August 15, 2018 by insertion of Article 338B in the Constitution. 

• The erstwhile NCBC Act of 1993 was simultaneously repealed as per NCBC (repeal) Act, 2018.

Composition of NCBC:

Clause (2) of Article 338B provides that the NCBC consists of a chairperson, vice-chairperson and three other members in the rank and pay of Secretary to the government of India and their condition of service and tenure of office has been notified by the Ministry of Social Justice and Empowerment. 

Duties of NCBC:

Clause (5) of Article 338B provides the duties of the Commission.

They are:

a) 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.

b) To inquire into specific complaints with respect to the  deprivation of rights and safeguards of the socially and educationally backward classes.

c) 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.

d) To present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards.

e) 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.

f) 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.

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