The Union Cabinet approved a proposal for setting up of Commission under article 340 of the Constitution to examine the issue of sub-categorization of the Other Backward Classes (OBCs).
The Commission shall be known as the Commission to examine the sub-categorization of Other Backward Classes (OBCs). It will submit its report within 12 weeks from date of appointment of the Chairperson.
Terms of references of Commission
The Commission will examine the extent of inequitable distribution of benefits of reservation among the castes included in the broad category of OBCs, especially with reference to the OBCs included in the Central list. It will work out the mechanism, norms, criteria and parameters, in a scientific approach, for sub-categorization within such OBCs. It will also take up the exercise of identifying the respective castes/sub-castes/communities synonyms in the Central List of OBCs and classifying them into their respective sub-categories.
The Supreme Court in Indra Sawhney and others vs. Union of India case (1992) had observed that there is no Constitutional or legal bar on states for categorizing backward classes as backward or more backward. It had also observed that it is not impermissible in law if a State chooses to do sub-categorization. So far, 9 states/UTs viz., Andhra Pradesh, Karnataka, Haryana, Jharkhand, Telangana, Puducherry, Wst Bengal, Bihar, Maharashtra and Tamil Nadu have already carried out sub-categorization of OBCs. There is no sub categorisation in the central list.