Understanding sub-categorisation of OBCs and Justice G Rohini Commission

The Commission was set up by the President under the Article 340 of the Constitution to sub-categorise OBCs so that the benefits of reservation reach all of them

The centre has extended the tenure of the Commission to examine sub-categorisation of other backward classes (OBCs) headed by former Chief Justice of the Delhi High Court, Justice G Rohini, until January 31, 2023. Since its constitution on October 2, 2017, the panel has received ten extensions.

The commission was set up by the President under Article 340 of the Indian Constitution to sub-categorise OBCs so that the benefits of reservation reach all of them. The Article reads, "The President may, by order, appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition..."

Why do OBCs want sub-categorisation?

In India, OBCs get 27 per cent reservation in jobs and education provided by the Centre. The sub-categorisation is being demanded as a handful of total communities get a major chunk of the reserved jobs and seats in educational institutes.

As there is limited data on the population of various sub-categories of OBCs, the commission was appointed to collect it. This is expected to help the government in forming official OBC sub-categories and ensure a more equitable representation of all sub-communities.

The Commission has also been asked to recommend corrections in the spellings of sub-castes. It is expected to work out the mechanism, criteria, norms and parameters in a scientific manner for sub-categorisation.

The extent of inequity

According to 2018 data, just ten OBC communities have taken the 25 per cent of reserved central jobs and institutional seats. Also, 97 per cent of the reserved jobs and seats have gone to 25 per cent of OBC sub-castes.

As many as 983, or 37 per cent, of the 2,600 communities under the OBC category have zero representation in jobs and institutes. And only 2.68 per cent reservation has been used by 994 castes.

What are the reservation rules in India?

Currently, 27 per cent jobs and seats in educational institutes provided by the Centre have been reserved for OBCs. A report by the Indian Express says only 20 per cent of central government jobs have gone to OBCs.

Apart from OBCs, scheduled castes (SC) and scheduled tribes (ST) also get reservation in jobs and educational institutes. Fifteen per cent of seats and jobs have been reserved for SCs and 7.5 per cent for STs.

More so, it has also been noted that several seats that fall under the OBC category are taken by candidates from the General category as OBC candidates are declared ‘None found suitable’ (NFS).

When was the commission supposed to submit the report?

On the date of its constitution in October 2017, the commission was given 12 weeks to submit the report. This means, it was expected to submit its report in January 2018. However, it has been given 10 extensions ever since. However, the report is still not complete. On the other hand, Rs 1.92 crore had been spent until December 2020 on the salary, consultant fees and other expenses on the commission.

In 2018, then Home Minister Rajnath Singh had stated that the Census 2021 will have the data on OBCs collected. It was supposed to help the centre draft more streamlined policies with respect to reservation. However, there has been no update on this ever since.

Once completed, the report by Justice G Rohini commission is also likely to undergo judicial review as it might have considerable political consequences.