Maarg Manthan · Topic 17.8

National Commission for Backward Classes and Related Committees

Current Affairs & Government Schemes › Key Government Committees and Commissions · Topic 17.8

The National Commission for Backward Classes is a constitutional body under Article 338B, given that status by the Constitution (102nd Amendment) Act, 2018, which repealed the earlier National Commission for Backward Classes Act, 1993. It examines complaints and safeguards for socially and educationally backward classes and advises the Union and the states on their development. Earlier bodies include the Kaka Kalelkar Commission of 1953, the Mandal Commission of 1979 and the Rohini Commission of 2017 on sub-categorisation of Other Backward Classes. The Supreme Court in Indra Sawhney, 1992, upheld 27 per cent reservation for OBCs with a creamy layer exclusion and a 50 per cent cap.

6 min read · UPSC Prelims · Current Affairs & Government Schemes · Key Government Committees and Commissions

At a Glance

Constitutional basis Article 338B (102nd Amendment, 2018)
Earlier act NCBC Act, 1993 (repealed)
Mandal report 1980, 27 per cent OBC quota
Rohini Commission 2017, OBC sub-categorisation
Court cap 50 per cent, Indra Sawhney
Exam link UPSC Prelims, Current Affairs and Government Schemes: Key Government Committees and Commissions

Where Does It Fit?

This topic follows the parliamentary committees and links to the Delimitation Commission, since both depend on census data. It supports the polity section on reservation and on bodies for backward classes. Previous topic: Standing Committees and Parliamentary Committees in the News. Next topic: Delimitation Commission.

Which Commissions Shaped Backward Class Policy?

Body	Key points
First Backward Classes Commission (1953)	Chaired by Kaka Kalelkar under Article 340. It listed about 2,399 castes as backward and its 1955 report was not implemented
Mandal Commission (1979)	Chaired by B.P. Mandal and set up by the Janata government. Its report of 1980 used eleven indicators, identified more than 3,700 castes and recommended 27 per cent reservation in jobs and education
Implementation (1990)	The V.P. Singh government announced 27 per cent reservation for OBCs in Union government jobs in August 1990
Indra Sawhney versus Union of India (1992)	A nine-judge bench upheld the 27 per cent quota, introduced the creamy layer exclusion, set a 50 per cent ceiling and barred reservation in promotions
National Commission for Backward Classes (1993)	Set up under an Act to examine inclusion and exclusion requests in the central list of OBCs
Rohini Commission (2017)	Set up in October 2017 under G. Rohini, a former Delhi High Court Chief Justice, to study unequal sharing of OBC quota benefits and to sub-categorise OBCs. It reportedly submitted its report in July 2023 after many extensions, and the report has not been fully made public

What Does the Constitution Now Say?

Article 338B: Created the National Commission for Backward Classes as a constitutional body to investigate and monitor safeguards, inquire into complaints and advise on development of socially and educationally backward classes
Composition: A chairperson, a vice-chairperson and three other members appointed by the President, with powers of a civil court when inquiring
Article 342A: The President, in consultation with the Governor, may specify socially and educationally backward classes for a state, and Parliament by law may change the list
102nd Amendment, 2018: Gave constitutional status to the Commission and added Articles 338B and 342A and clause 26C of Article 366
Maratha quota ruling (2021): In Jaishri Patil, the Supreme Court read the 102nd Amendment to mean that only the President and Parliament could identify backward classes, and it struck down the Maratha quota
105th Amendment, 2021: Restored the power of states and Union Territories to prepare their own lists of socially and educationally backward classes
Article 340: Allows the President to appoint a commission to investigate the conditions of backward classes, which is the basis for the Kalelkar, Mandal and Rohini bodies
Article 15(4) and 16(4): Allow special provisions and reservation for backward classes

What Else Should You Remember?

Creamy layer: The income ceiling for the OBC creamy layer was raised to Rs 8 lakh a year in 2017, and families above it do not get the quota. The B.P. Sharma committee of 2019 suggested counting salary income, and demands to revise the limit continue
SC sub-classification: In August 2024, a seven-judge Supreme Court bench in State of Punjab versus Davinder Singh held by a six to one majority that states may sub-classify Scheduled Castes. Some judges suggested a creamy layer for Scheduled Castes as well
EWS quota: The 103rd Amendment of 2019 added 10 per cent reservation for economically weaker sections outside reserved categories, and the Supreme Court upheld it in November 2022 by a three to two majority
Caste enumeration: The Union Cabinet decided in April 2025 that caste enumeration would be part of the next Census, as reported, and the Census is planned in two phases in 2026-27. Readers should check the latest notification
Bihar survey: Bihar published a caste survey in October 2023 and raised its quota to 65 per cent, which the Patna High Court set aside in June 2024, as reported
State practice: Several states already sub-categorise OBCs, for instance Bihar and Tamil Nadu, with Tamil Nadu offering 69 per cent reservation protected under the Ninth Schedule
Link with promotions: The 77th Amendment of 1995 inserted Article 16(4A) to allow reservation in promotions for Scheduled Castes and Scheduled Tribes
NCBC powers: It can recommend inclusion or exclusion in the central list, but the final decision rests with the Union government and Parliament
Related commissions: The National Commission for Scheduled Castes was created under Article 338 and the one for Scheduled Tribes under Article 338A by the 89th Amendment of 2003
Link with census: Any new list needs reliable population data, as in Delimitation Commission for another census-linked use

Why Does It Matter for the Exam?

Article numbers: 338B for NCBC, 342A for lists, 340 for commissions
Amendments: 102nd for NCBC, 105th for state lists, 103rd for EWS
Judgments: Indra Sawhney, Jaishri Patil, Davinder Singh
Rohini: Sub-categorisation of OBCs
Common errors: Saying the NCBC is statutory today or mixing the 102nd and 105th Amendments

As an analytical point, sub-categorisation seeks to spread benefits to the most backward groups within a reserved category. Reliable caste data, a transparent creamy layer test and judicial review would give such reform a sound base.

Why Is This Topic Important?

Articles 338B and 342A
Cases Indra Sawhney
Current affairs Caste census and sub-categorisation

What Came Next?

The next topic covers the Delimitation Commission. Next topic: Delimitation Commission.

Key People and Terms

OBC Other Backward Classes
Creamy layer Better-off group excluded from quota
Sub-categorisation Splitting a category into groups
SEBC Socially and educationally backward classes
Article 340 Commission on backward classes
Ninth Schedule List of protected laws

Exam Corner

Points to Remember

NCBC: Article 338B, 102nd Amendment 2018.
Mandal report: 1980, 27 per cent.
Rohini: 2017, sub-categorisation.
Cap: 50 per cent.
Creamy layer limit: Rs 8 lakh since 2017.

Do Not Confuse With

Kalelkar and Mandal commissions First and second backward classes commissions
102nd and 105th Amendments Central list power versus state lists restored
NCBC and NCSC Backward classes versus Scheduled Castes body

Memory Hook

Kalelkar first, Mandal 27, Rohini splits, Article 338B.

Mains Angle

Mains questions ask about equity within reservation. These points give a balanced frame.

Need Reach the most backward
Risk Data gaps, litigation
Way Caste data, creamy layer review

A Question You May Face

An original practice question, not a past paper question.

“Discuss the case for sub-categorisation of Other Backward Classes and examine the role of constitutional bodies and the courts in this area.”

How to Answer

Background Kalelkar to Mandal.
Law Articles 338B, 342A.
Debate Rohini and creamy layer.
Way Data and review.

GS Relevance

Prelims: Article 338B, 102nd and 105th Amendments, Mandal and Rohini commissions, creamy layer. GS Paper 2: reservation, welfare of vulnerable sections, constitutional bodies.

Frequently Asked Questions

What is the National Commission for Backward Classes?

The National Commission for Backward Classes is a constitutional body under Article 338B, given that status by the 102nd Amendment of 2018. It investigates complaints, monitors safeguards for socially and educationally backward classes and advises the government on their development. It replaced the earlier statutory commission of 1993.

What did the Mandal Commission recommend?

The Mandal Commission, chaired by B.P. Mandal, submitted its report in 1980. It identified more than 3,700 castes as backward and recommended 27 per cent reservation in government jobs and education. The V.P. Singh government implemented the job quota in 1990, and the Supreme Court upheld it in Indra Sawhney.

What is the Rohini Commission?

The Rohini Commission was appointed in October 2017 under Justice G. Rohini to examine sub-categorisation of Other Backward Classes so that benefits of the 27 per cent quota reach all groups. It reportedly submitted its report in July 2023, though the findings have not been fully released.

What is the creamy layer?

The creamy layer is the better-off section of Other Backward Classes that is excluded from reservation, a concept laid down in Indra Sawhney in 1992. The income ceiling was raised to Rs 8 lakh a year in 2017, and families above it, along with certain officers, do not get OBC benefits.

What did the 105th Constitution Amendment do?

The 105th Amendment of 2021 restored the power of states and Union Territories to identify and list socially and educationally backward classes for their own purposes. It responded to the Jaishri Patil ruling, which had read the 102nd Amendment as giving that power only to the President and Parliament.

PYQ Practice — Statement Analysis

1 The National Commission for Backward Classes became a constitutional body through the 102nd Amendment.

True

Under Article 338B.

2 The Mandal Commission was set up in 1953.

False

It was set up in 1979. The 1953 body was the Kalelkar Commission.

3 Indra Sawhney introduced the creamy layer for OBCs.