With the current reservations that Prime Minister Modi introduced, many talks have started about the need for reservations for the economically backward castes. During this conversation, the terms OB, SC/ST were brought up often. Though most of us understand what these terms mean and it’s the context, it is essential that we fully understand their history of discrimination In India and learn about all the provisions made to fully understand the need for representation reservations.
India is an ethnically diverse country. Therefore, to better understand and continue living in harmony, it is essential that we understand how the laws of different communities function and are inculcated into society.
IN this article, we will be focusing on the OBC community and the provisions that were made to give them equal opportunity to help you better understand the significance of these reservations. OBC full form is Other backward Castes. Under The Indian government, OBC caste means castes that are educationally or socially disadvantaged.
To promote the upliftment of the OBC caste full form, which is Another backward Caste community, the government introduced the National Commission for Backward Classes.
The 123rd Amendment Bill, 2017 and the 102nd Constitutional Amendment Act, 2018, which introduced Article 338b into the Indian Constitution, acknowledged the National Commission for Backward Classes (NCBC) as a constitutional body. The 102nd Constitutional Amendment Act, 2018, was enacted by a two-thirds majority. For the category of backward classes, the NCBC Act was passed in 1993.
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History of the OCB Commission
On January 29, 1953, the Kaka Kalelkar Commission, the first backward class commission, was appointed. However, the approach taken by the panel in defining the criteria for designating the backward classes did not satisfy the central government.
The president appointed another backward classes commission, The Mandal Commission, on January 1, 1979, with Shri BP. Mandal as its chairperson.
In 1987, a national commission for SCs and STs was established. In 1990, the 65th amendment was enacted, adding Article 338 to the Constitution and establishing a national commission for SCs and STs as a constitutional entity.
The national commission for backward classes is made up of five members, all of whom are nominated by the central government, including a chairperson who is or has been a judge of the supreme court or a high court, two other people with exceptional knowledge of issues affecting the backward classes, a social scientist, and a member secretary who is or has been a judge of the supreme court or a high court.
Who comes under the OBC community?
The applicant’s parents’ annual income must be less than Rs. 8 lakhs to qualify as an OBC non-creamy layer candidate. This is because salary and agricultural revenue are not included in the yearly income calculation for creamy layer classification. However, if their annual income is over 8 lakh rupees, that person is considered in the creamy layer and is not allowed the same reservations as the rest of the community.
What provisions does the OBC Commission provide?
The Indian Constitution contains many provisions to uphold and maintain the social, political, and economic differences between the backward classes and the nation’s categories. As a result, the Constitution enacted provisions related to the backwards classes, such as Article 15, 16, And 340. Therefore, one of the key aims for gaining equal status in society for this backward class group is establishing a permanent constitutional body of NCBC. Future improvements offered by this commission will be a source for the next goal in the aim.
Article 15 –
Article 15(4) and (5), added to the Constitution by the First Amendment Act, states that the state has the full power to make any special provision for the advancement and upliftment of any socially and educationally backward classes of citizens or scheduled tribes and scheduled caucuses.
Article 16 –
Article 16(4) discusses the additional benefit that these members of the backward classes should be provided in terms of reservations for appointments or places in the state’s service. According to this article, the state can implement any particular provision for reserving seats, jobs, or arrangements for the backward classes.
Article 340 –
This establishes a commission for the backward classes to research and analyse the challenges and obstacles they confront, with the president appointing the panel. And after the commission has been constituted, they must look after this backward class category. If any such circumstance is discovered, they must report it to the president, who will then bring the issue to both houses of parliament.
The NCBC Act established a remedy for citizens who were socially and educationally disadvantaged. The commission was established to ensure equality and peace among Indian nationals. However, some backward class citizens are unaware of their rights and the benefits they are entitled to. Some are classified as backward but belong to the creamy layer, which means they are advanced educationally and socially. As a result, the backwards class citizens are left out; we hope this article clarifies the situation.
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