TOWARDS UPLIFT
OF OTHER BACKWARD CLASSES
The Constitution
specifically recognizes the existence of a category of India’s
people called the "Socially and Educationally Backward Classes"
or "Backward Classes other than SCs and STs". Various
articles of the Constitution empower the State to make specific
policies and programmes for the development of Backward Classes.
The Backward Classes
are those castes and communities that are notified as socially
and educationally backward classes by the State and the Central
governments from time to time. As per the estimates made by the
Mandal Commission, the Backward Classes constitute 52 per cent
of the country’s population, a majority of whom are poor and possess
no assets or very little assets.
To bring the OBCs
in the mainstream of the society, the Government has taken various
steps for their socio-economic empowerment through educational
and economic support. These include, implementation of educational
development schemes and concessional financial assistance for
supporting economic activities. Since 1998-99 the Government has
been implementing the schemes of pre-matric and post-matric scholarships,
hostel for OBC boys and girls, assistance to voluntary organizations
and pre-examination coaching. During the financial year 2001-2002,
a Budget provision of Rs. 60.50 crore had been provided under
these schemes. Of that amount Rs. 55.26 crore was utilized by
the end of the financial year. A Budget provision of Rs. 64.50
crore has been made for 2002-2003.
In 1992, the Government
set up the National Backward Classes Finance and Development Corporation
(NBCFDC) with the object of providing concessional finance to
the members of the Backward Classes living much below the poverty
line. The Corporation has been extending them loans at concessional
rates of interest for their skill upgradation, income generating
schemes and setting up of self-employment ventures. As against
the authorized share capital of Rs. 700 crore, the Government
has so far contributed towards its share capital to the tune of
Rs. 390.40 crore (paid-up share capital). The Corporation has
so far disbursed loans amounting to Rs. 662.22 crore covering
4,07,019 beneficiaries under its schemes. A Budget Provision of
Rs. 12 crore has been made for 2002-2003.
The Government
has also set up the National Commission for Backward Classes (NCBC)
to examine the requests and recommend for inclusion and complaints
of over-inclusion and under-inclusion in the Central Lists of
Backward Classes. The Central Government has included 2268 castes/communities
excluding sub-castes/synonyms in the Central Lists of OBCs in
respect of 26 States /UTs through 19 Gazette Notifications issued
so far.
In addition to
these schemes, the Central Government has also provided 27 per
cent reservation in the civil posts and services under the Central
Government in favour of the OBCs. This reservation is available
to those members of the Backward Classes who are not covered under
the Creamy Layer clause.
Creamy Layer
The Supreme Court
in its judgement in the case of Indira Sawhney and others vs.
Union of India and others delivered on November 16, 1992 upheld
27 per cent reservation for the OBCs subject to the exclusion
of socially advanced persons/sections (Creamy Layer) from amongst
the OBCs and directed the Central Government to evolve criteria
for identification of Creamy Layer among the OBCs. The Government
appointed an Expert Committee which submitted its report specifying
the criteria for identification of the socially advanced persons
amongst the OBCs. The Government accepted the recommendations
of the Committee and circulated among all the Ministries/Department
of the Central and State governments in September 1993. As per
the recommendation, the rule of exclusion applies to son(s) and
daughter(s) of persons holding Constitutional positions like President
of India, Vice-President of India, Judges of the Supreme Court/High
Courts, Chairman and Members of the Union Public Service Commission
and State Public Service Commissions, Chief Election Commissioner,
Comptroller and Auditor General of India, parents either of whom
is a Class I officer, parents either or both of whom is or are
in the rank of Colonel and above in the Army and equivalent posts
in the Navy and Air Force and the para-military forces. Families
owning irrigated land, which is equal to or more than 85 per cent
of the ceiling limit in terms of irrigated land as per State land
ceiling laws and persons having gross annual income of Rs. 1 lakh
or above or possessing wealth above the exemption limits prescribed
in the Wealth Tax Act for a period of three consecutive years
(income from salaries or agricultural land shall not be clubbed)
are also excluded.
The issue of modification
of the income criteria laid down by the Expert Committee for exclusion
of the members of the Other Backward Classes as per Creamy Layer
concept is under active consideration of the Government.
Other Benefits
The Government
has provided OBC candidates the benefit of relaxed standard in
respect of written examinations and interviews, same as in the
case of SC and ST candidates. It has also issued instructions
relaxing the upper age limit for OBC candidates in direct recruitment
by 3 years and the number of attempts for OBC candidates who are
otherwise eligible has been increased to 7 in respect of civil
service examinations.