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UPSC Dictionary

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Article 32 was called the 'heart and soul of the Constitution' by Dr. B.R. Ambedkar.

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UPSC Dictionary

Other Backward Classes

The Other Backward Classes (OBC) is a constitutional concept and collective term used by the Government of India to classify communities that are Socially and Educationally Backward Classes (SEBCs), distinct from Scheduled Castes (SCs) and Scheduled Tribes (STs). The constitutional provisions for their advancement include Article 15(4), which enables special provisions for their progress, and Article 16(4), which permits reservation in public employment.

The origin of the modern OBC framework lies in the Second Backward Classes Commission, known as the Mandal Commission, which was established on January 1, 1979, under Article 340. The Commission, headed by B. P. Mandal, submitted its report in December 1980, identifying 3,743 castes as OBCs and recommending 27% reservation in central government jobs and services. This recommendation was implemented in August 1990.

The mechanism of reservation was upheld by the Supreme Court in the landmark Indra Sawhney v. Union of India judgment in 1992, which simultaneously introduced the "creamy layer" principle to exclude the economically advanced sections of the OBC from reservation benefits. The current income limit for the creamy layer is Rs. 8 lakh per annum. The concept connects to the National Commission for Backward Classes (NCBC), which was established as a statutory body in 1993 following the judgment.

The framework has changed recently: the 102nd Constitutional Amendment Act, 2018, granted constitutional status to the NCBC by inserting Article 338B and also inserted Article 342A, which empowered the President to notify the list of SEBCs. However, the 105th Constitutional Amendment Act, 2021, was later enacted to restore the power of the States and Union Territories to maintain their own lists of SEBCs for state-level purposes.

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