This Article on Commission for Sub Categorisation of OBC’s in India – All You Need to Know; is written by Ishita Agrawal from Mody University of Science and Technology. She is content and legal researcher on Legal Thirst.
Introduction
There are imbalances and afterward there are disparities inside inconsistent elements. That booking in positions and instruction tended to financial aberrations in India somewhat is valid. However, similarly, the advantages of reservation have not been circulated fairly, and huge portions of the more vulnerable segments and in reverse classes keep on having no admittance to quality instruction or significant business. The generally rich and predominant areas among the retrogressive stations have would in general take up an excessively bigger portion of the booking pie. The presentation of the idea of ‘smooth layer’ to separate the well-off among those qualified for reservation was at first seen as an endeavour to restrict the advantages of reservation, and to politically isolate the recipients of reservation.
Yet, appropriately executed, it might have permitted a fairer spread of the advantages of reservation. The Union Cabinet’s choice to set up a commission to look at the issue of sub-categorization of the Other Backward Classes addresses the long stretches of disappointment in viably forestalling enormous areas of the velvety layer from exploiting the standard framework to the disadvantage of the more unfortunate segments among their own position gatherings. Basically, the Union government is presently trying to guarantee a fairer appropriation of reservation benefits by further separating station bunches going under in reverse classes based on their degrees of social and financial backwardness. In the event that the categorization of the smooth layer had been done reliably and consistently, there would not have been any felt need to separate among the rank gatherings.
The choice on sub-categorization went ahead that very day the Cabinet chose to raise the roof for choosing who stays outside the smooth layer to those procuring ₹8 lakh every year, an expansion of ₹2 lakh. This is experiencing some miscommunication with the advance toward sub-categorization, permitting as it does those with higher profit to appreciate reservation benefits. The booking pie is restricted, and no gathering, regardless of whether rich or poor, prevailing or compliant, can want to acquire besides to the detriment of another financial classification
What is the sub-categorization of OBCs?
Under the Central Government, OBCs are granted 27% of reservation in education and jobs. Supreme Court’s constitutional bench reopened the debate on sub-categorization of SCs and STs for reservation in September 2020 and when debate arises out, only few communities have secured a part of 27% reservation among over 2,600 that were included in the Central List of OBCs.
Need for sub-categorization
For reservation, there were arguments for sub-categorization and creating categories within OBCs. And it should be ensuring of equitable distribution among all OBCs. Rohini Commission was held on 2nd October, 2017 for examining and it was given 12 weeks to submit its report but has been given many extensions since, latest one being the 10th. Centre had granted constitutional status to NCBC (National Commission for Backward Classes) before the Rohini Commission was set up.
What are the Commissions’ terms of reference?
- Examining the inequitable distribution among the castes and communities which includes in broad category of OBCs of benefit of reservation to such classes including in Central List.
- Norms, mechanism, criteria and parameters in a scientific approach for sub-categorization within OBCs to workout.
- Identifying the castes, sub-castes, communities in the Central List of OBCs and classifying into their respective sub-categories.
These are the main three terms of reference, mentioned above and the fourth term of reference was included on 22nd January, 2020 when Cabinet granted it an extension.
- Correction of ambiguities, inconsistencies, repetitions, errors of spelling and transcription in the central list of OBCs entries.
Why so many extensions are being given?
On 30th July, 2019 Commission has send the letter to the government and also noted several ambiguities from the sub-categorized central list of OBCs. Before preparing the central list of sub-categorized, Commission’s opinion is to be clarified or rectified.
What progress has it made so far?
Commission wrote a letter to the Government on 30th July, 2019 that its ready with the draft report on sub-categorization.
Following the latest term of reference was given on 22nd January, 2020 to the Commission. In Central List, it is studying the list of communities.
How smooth has its work been?
Various communities are comparing with their representation in admissions and jobs. The Home Minister announced that in Census 2021, OBCs data will be collected but government has been silent on this matter and it was on 31st August, 2018. Several groups of OBCs are demanding for enumeration of OBCs in the Census.
What have findings been so far?
1.3 lakh central jobs given under OBC quota over the preceding five years, the Commission analyzed in 2018 and OBC admissions to central higher education institutions.
25% of all sub-castes classified as OBCs as 97% of all education and jobs seats have gone; 24.95% of these seats have gone to just 10 OBC communities.
- Group-A Central government 16.51%
- Group-B Central government 13.38%
- Group-C Excluding safai karamcharis 21.25%
- Group-C Safai karamcharis 17.72%
Zero representation in educations and jobs out of total 37% and 2.68% in admissions and recruitment out of 994 OBC sub-castes have a total representation.
Commission’s tenure has been extended by the Centre to examine sub-categorization of OBCs (Other Backward Classes) headed by Justice G Rohini till 31st July, 2021 (this year). Due to nationwide lockdown and even restrictions on travel imposed on account of the pandemic, the commission was not performing the task assigned to it.
Broadcasting Minister Prakash Javadekar and Union Information said that Cabinet, Narendra Modi (Prime Minister) had decided to give extension. He said that due to such circumstances which affected by the COVID-19 pandemic, otherwise the work of the commission was ongoing.
Rs 1.92 crore have been spent on the Commission including salary, consultant fee and other expenses and the report is yet to be publicized. It is understood that the report will have huge political consequences.
If sub-categorization follows some conditions, then it will lead to beneficial results, if its fulfilled:
- Make OBC quota proportional to their population and enumerate the OBCs.
- Reservations of OBCs are fully implemented at all levels and censure the institutions not doing so.
- In public sector, increases the jobs of people.
- Make sure, SC/ST/OBCs get the number of seats they are entitled to and plug all the loopholes in it.
The Communities which exit in the OBC list, have not been to get any major benefit of the scheme of OBC for reservation and for appointment in Central Government. Educations are expected to benefitted upon implementation of the recommendations of the Commission. Such recommendations are for benefit of marginalized communities in the list of OBCs.
Expenditure involved related to the administration and establishment costs of the Commission. It would continue to be borne by the Department of Social Justice and Empowerment.
Persons who belong to the castes and communities are included in the Central List of SEBCs but have not been get any major benefit of the existing scheme of reservation for OBCs in Central Government posts & admission in Central Educations would be benefitted.
Conclusion
Sub-categorization of the OBCs need not suggest building up a further friendly progression inside the networks remembered for the Central List based on relative lowness or in any case of their attributed societal position or customary occupation. It isn’t difficult to reach the inference that the OBC is treated as a type of an undermined classification. All things considered, the high quality and administration standing, who should be the principal recipient of the sub-categorization, merit significantly more than a regulatory unrealistic fantasy.
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