OBCs 1-2

article 15 prohibits discrimination on Grounds of religion, race, caste or place of birth. Article 15 Section 4 and 5 allows government to make special provisions for socially and backward classes.

Article 16 provides equality of opportunity in matters of public employment. Section 4 allows reservation for backward classes

Article 340 provides Commission for investigating conditions and difficulties of socially and educationally backward classes.

Article 338 clause 10 includes backward classes within the expression " scheduled caste"

Mandal Commission estimated 52% of population as OBC where as National Sample Survey organisation 61st round estimated 41%. OBC list is based on Mandal Commission report and list created by States. Central list of OBC also maintained.

The 11 indicators formulated by the commission are:

G Rohini report will show the situation of OBC and it will create sub categorisation of OBC so that benefits can be given equally. Idate Commission created for improving social economic conditions of these tribes.

Indra Sawhney casepoint backward classes in article 16 clause 4 can be identified on the basis of caste system and not only on economic basis.

Backward classes in 16 (4) are not similar to socially and educationally backward in article 15 (4).

Exclude creamy layer from backward classes.

classification of backward classes in to backward and more backward classes is allowed.

Reservation shall not exceed 50%. No reservation in promotion.

National backward class Commission given constitutional status through 102nd constitutional amendment.

Welfare schemes

Mandal Commission included 50% of non hindu obc also because caste persists even after conversion and non hindus living in hindu community face discrimination. 

Caste heirarchy in muslims exists (dr imtiaz ahmed)

Christians and sikhs also have caste. Mandal report. 

Bengali settlers in Andaman.

Qureshi Muslims.

Scheduled castes converted to Christianity. Assam

Tea garden tribes Assam. Low wage, poor work conditions, poor education.

Jogi Fakir, lohar, nai etc

Supreme Court in 2014 ask the government to include transgenders in OBC. Nalsa case. Trans are excluded from family, society, education and jobs.

Some denotified tribes also included. Exclusion from govt benefits, police harassment.

Ncbc also thinking about including orphans in OBC list.

OBC movement led by DMK in Tamilnadu uplifted their status and provided 69% reservation.

notable shift in the backward class movement away from the clamour for Satya status towards a demand for Greater access to state resources representation in Civic institutions and benefits of reservation like education and jobs. N Yadav 2002 epw.

Jats and patels want reservation and started protests. Politicization of caste.

Department of Personnel and Training (DoPT) show that as on January 1, 2017, only 17% of the Group A officers in the 24 Ministries belong to the OBCs. The representation among the Group B officers is even lower at 14%.

Likewise, only 11% of the Group C employees are from the OBCs and in Group D, the figure is 10%.

Data: OBCs just 12% of lower court judges

It’s been ten years since OBC reservations for university faculty members went into effect, but representation in these circles still remains marginal. In fact, the University Grants Commission (UGC), in a reply to an RTI, has declared that there are no OBC faculty members at the professor and associate professor levels in any of the 40 central universities. Additionally,  and that OBC reservations are implemented only at the entry level, that is, at assistant professor-level.