• How are Other Backward Classes (OBCs) defined?

The term ‘‘backward classes’’ first raised its head in Mysore state, where preferential recruitment of backward communities was introduced in 1921. They were defined as ‘‘all communities other than Brahmins, who are not adequately represented in public service’’.

The term subsequently found its way into the Indian Constitution. But while the Constitution recognises the existence of a category of people it termed as ‘‘socially and educationally backward classes’’ and ‘‘backward classes other than SCs and STs’’, it never attempted to define what is meant by these categories. When B.R. Ambedkar was asked about the criteria to be followed in determining social and educational backwardness, he said that this task had been left to local governments.

• What are the constitutional references to OBCs?

The Constitution clearly envisaged reservation only for the SC/ST communities, that too for 10 years only. However, successive governments — egged on by ruling parties — kept postponing the deadline for reservations and expanding the list of OBCs.

There were, however, some references to OBCs in the Constitution. Article 340 allows the President to appoint a commission 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...’’

Article 15, which prohibits discrimination on grounds of religion, race, caste, sex or place of birth, also states that this shall not prevent the state from making special provision for the advancement of any socially and educationally backward classes of citizens. Similarly, Article 16, which enjoins equality of opportunity in matters of public employment, says that this shall not prevent the state from making any provision for the reservation of appointments or posts in favour of any backward class of citizens.

... contd.