Understanding Backward Classes in Indian Polity
The concept of 'Backward Classes' is central to India's affirmative action policies, aimed at addressing historical social and educational inequalities. This module delves into the constitutional provisions, key judicial pronouncements, and the evolution of policies concerning Backward Classes, particularly in the context of competitive examinations like the UPSC.
Constitutional Framework
The Indian Constitution recognizes the need to uplift socially and educationally backward sections of society. Several articles provide the legal basis for affirmative action and reservations.
Articles 15(4) and 16(4) are the primary constitutional provisions.
Article 15(4) allows the State to make special provisions for the advancement of any socially and educationally backward classes of citizens, including reservations in educational institutions. Article 16(4) permits the State to make provisions for reservation in appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
Evolution of the Concept: Mandal Commission and Beyond
The Mandal Commission (Second Backward Classes Commission), established in 1979, played a pivotal role in identifying and recommending measures for the upliftment of Other Backward Classes (OBCs). Its recommendations, particularly the 27% reservation in central government jobs, led to significant social and political discourse.
The Mandal Commission report was a landmark in defining and advocating for OBC reservations.
The Mandal Commission was tasked with identifying socially and educationally backward classes and recommending measures for their advancement. Its report led to the implementation of 27% reservation for OBCs in central government services.
The Second Backward Classes Commission, headed by B.P. Mandal, was constituted by the Janata Party government in 1979. Its mandate was to identify the criteria for defining socially and educationally backward classes and to recommend measures for their advancement. The Commission submitted its report in 1980, identifying over 3,700 castes as backward. A key recommendation was the reservation of 27% of all government jobs for these castes. The implementation of this recommendation in 1990 by the V.P. Singh government sparked widespread protests and debates, eventually leading to judicial scrutiny.
Judicial Pronouncements and Key Cases
The judiciary has played a crucial role in interpreting and upholding the constitutional provisions related to Backward Classes, often setting limits and guidelines for reservation policies.
| Case Name | Year | Key Ruling on Backward Classes |
|---|---|---|
| State of Madras v. Champakam Dorairajan | 1951 | Held that Article 29(2) (no citizen denied admission to educational institution on grounds of religion, race, caste, language) prevailed over Article 15(1). This led to the first amendment. |
| K.C. Vasanth Kumar v. State of Karnataka | 1985 | Stressed that 'backwardness' must be social and educational, not just economic. Also, reservations should not exceed 50%. |
| Indra Sawhney & Others v. Union of India | 1992 | Upheld the Mandal Commission's recommendations (27% reservation for OBCs) but introduced the 'creamy layer' concept, excluding affluent members of OBCs from reservation benefits. Also reiterated the 50% ceiling. |
| Ashok Kumar Thakur v. Union of India | 2008 | Upheld the constitutional validity of reservations for OBCs in centrally funded educational institutions (93rd Amendment Act, 2005). |
The 'creamy layer' is a crucial concept in reservation policy, aiming to ensure that the benefits of reservation reach the most deserving sections within the backward classes.
The 'Creamy Layer' Concept
The 'creamy layer' refers to the more advanced and affluent members within a socially and educationally backward class. The Supreme Court, in the Indra Sawhney case, mandated the exclusion of the 'creamy layer' from the benefits of reservation to ensure that the reservation policy serves its intended purpose of upliftment and does not become a tool for perpetuating privilege within the backward classes.
To ensure that reservation benefits are extended to the most disadvantaged sections within a backward class, preventing the perpetuation of privilege.
Recent Developments and Challenges
Recent years have seen further amendments and judicial interpretations, including the 103rd Constitutional Amendment Act, 2019, which introduced reservations for Economically Weaker Sections (EWS). The interplay between reservations for OBCs and EWS, and the ongoing debates about the criteria for backwardness, continue to be significant aspects of Indian polity.
The concept of 'backwardness' is complex and multidimensional, encompassing social, educational, and economic factors. The identification of 'backward classes' often involves a combination of caste, occupation, poverty, and educational attainment. The State has the power to identify these classes under Articles 15(4) and 16(4), often relying on commissions and data to make these determinations. The 'creamy layer' concept acts as a filter to ensure equitable distribution of benefits.
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Key Terms for UPSC Polity
Familiarize yourself with terms like: Social and Educational Backwardness, Other Backward Classes (OBC), Mandal Commission, Creamy Layer, Article 15(4), Article 16(4), Indra Sawhney Case, 50% Reservation Cap, 103rd Amendment Act (EWS).
Learning Resources
Direct access to the fundamental rights articles, including those pertaining to equality and non-discrimination, crucial for understanding the basis of reservations.
Specific focus on Article 15, which prohibits discrimination and includes provisions for special measures for the advancement of socially and educationally backward classes.
Focus on Article 16, which guarantees equality of opportunity in public employment and allows for reservations for backward classes.
The landmark judgment that upheld the Mandal Commission recommendations and introduced the 'creamy layer' concept.
A summary of the key findings and recommendations of the Second Backward Classes Commission (Mandal Commission).
While not a direct link to a specific reservation policy note, this is the official UPSC portal where preparation strategies and syllabus details are often updated, guiding what to study.
Details of the amendment that introduced economic reservation (EWS), relevant for understanding the evolving landscape of affirmative action.
An analytical blog post that provides historical context and current issues related to reservation policies in India.
A legal news portal article discussing recent Supreme Court pronouncements on the application of the 'creamy layer' principle.
A broad overview of social justice issues in India, including affirmative action and the role of backward classes.