In addition to the scheduled castes and scheduled tribes, there are other socially and educationally disadvantaged groups known as the “other backward classes.” This neighborhood was found to suffer the most from social exploitation and has limited access to educational opportunities.The Indian government established a national committee for the other backward classes on August 14, 1993, with the goal of uplifting these groups.The commission was created following the Supreme Court’s ruling in the Indra Sawhney v. Union of India case.

The court refuted the claim that the country’s caste system was sparked by the reservation criterion in the petition. Caste is a relevant component to assess backwardness, the supreme court ruled in its landmark decision. The creation of a commission to look into the socially and economically underprivileged areas of the country was one of the many changes that came about as a result of the disputed case.

The commission’s main duty is to safeguard and advance the interests of other underprivileged classes. The Indian constitution also has unique provisions protecting the interests of the socially and educationally underprivileged populations.The National Sample Survey Organization’s most recent data (2004–2005) show that OBCs make up roughly 41% of the population in cities.

Composition of the OBC Commission:

The commission comprises the following members as appointed by the Union Government  

• A chairperson who is or has acted as a judge at the high court of the Supreme Court of India
• A social scientist
• Two members with robust knowledge in matters pertaining to Other Backward Classes (OBCs)
• A member secretary, who is or has served at the Centre as the secretary to the Indian government
• The term to hold office for each member is three years. The Central government has the power to impeach any member due to reasons such as conviction, unsound mind, or inefficiency in their work.

Historical Events in OBC Reservation: 

• The First Backward Classes Commission in accordance with Article 340 of the Indian constitution was set up in 1953 under the chairmanship of Kaka Kalelkar. The commission was thus commonly referred to as the Kalelkar Commission. It was the first commission to recognize disadvantaged sections other than the SCs and STs, known as the Other Backward Classes (OBCs). It had recognized more than 800 castes as ‘most backward’ and recommended up to 70 per cent reservation of seats for such strata.
• Following this, the second backward classes commission led by BP Mandal also concluded that caste is a primary indicator of backwardness. The commission claimed the OBC population to be 52 percent. After the Indira Sawhney vs Union of India case, the Supreme Court capped reservation for SCs, STs, and OBCs at 50 percent. Jobs in the central government were reserved at 27 percent for OBCs.

Constitutional Provisions of OBC Commission:

• Article 340 of the Indian constitution provides for the appointment of a Commission delegated with the responsibility to investigate the poor conditions of backward classes. It also provides inputs on how their conditions can be improved. The National Commission of Other Backward Classes was composed by the President by exercising this article.
• By the 102nd Constitutional Amendment Act of 2018, Article 338B was incorporated in the constitution of India. The National Commission of Other Backward Classes was bestowed with a constitutional status with this amendment. The President’s assent to the 123rd constitutional amendment bill of 2017, made it possible for the commission to be accorded such a status. Previously, it acted as a statutory body under the Ministry of Social Justice and Empowerment. The amendment delineated the structure, functions, and objectives of the commission. Earlier, the commission was constituted under the National Commission for Backward Classes Act, of 1993. Before the amendment, the commission was not empowered to hear the grievances of the backward classes.
• Article 342A was also incorporated in the 102nd constitutional amendment act. It empowered the President to entitle or recognize any caste as a part of socially and educationally backward class. However, it is mandatory to get prior parliamentary approval for the addition or deletion of any community.

Duties of the OBC Commission:

• The primary function of the commission has been to oversee and regulate the inclusion of various socially and educationally disadvantaged sections. The commission also receives complaints regarding overinclusion and underinclusion of any backward class. By 2006, the number of castes that fall under OBCs increased to more than 5000.
• The commission is required to investigate those matters pertaining to safeguarding the socially and economically backward strata of society. These safeguards are related to the constitutional provisions available to such people or as per the orders of the government. The commission is also obliged to evaluate the working and efficiency of such safeguards.
• The commission responds to cases and complaints that involve deprivation of social, economic, and political resources to the backward classes. It tries to restore the rights of socially and educationally backward people through the means of using safeguards available at their disposal.
• To advise the union government for the socio-economic development of the concerned community. It also evaluates the progress of such developmental plans periodically. The President of India is also notified about the progress of the concerned classes. The commission presents the report of progress to the President annually or as required to do so.
• The commission brainstorms on effective policies implementation for the protection and welfare of the social and economic backward classes. It advises and recommends the union and the state government into taking certain political actions that could safeguard the rights and identity of the backward classes.
• The President of India proposes the report in the House of Parliament. The Union and the state government are recommended certain actions in favour of the disadvantaged sections.

Powers of the Commission: 

• The Commission is conferred with powers equivalent to that of a civil court when trying a suit. It can summon any person within the territory of India to be produced for the oath. It may also order for requisition of any public record or evidence in association with the affidavit.
• Subject to the parliamentary provisions, The National Commission of Other Backward Classes discharge functions for the welfare, development, and advancement of the target group.
• With an aim to bring social equality in the nation, the commission is entrusted with the responsibility to provide quick justice against the atrocities faced by backward sections of society.

Since the commission’s formation in 1993, it has been reformed to strengthen its structure and functioning. The political move to grant the statutory body a constitutional status was radically approved by the public. The primary role of the commission is to protect the backward classes and suggest ways that could reduce the existing social and class inequalities in society.