Why I kept an eye on the OBC list
Seven years is a long time in Indian public life. When I first began following the question of the central OBC (Other Backward Classes) list and the demand for its parliamentary approval, it felt like a technical administrative issue. Over time it has shown itself to be a legal, political and social fault-line — one that touches constitutional texts, judicial interpretation, federal politics and intense local anxieties about who gets reservations and who is left out.
In earlier writings I warned that attempts to decentralise or re-open lists without robust data would be a Pandora’s Box for states and parties; that concern is now widely echoed in reporting and policy debates (see my earlier piece on state surveys and the risks they pose).Pandora’s Box — Hemen Parekh
Short primer: what’s stuck and why it matters
- The central OBC list determines which communities get access to 27% reservations in central government jobs and seats in centrally funded institutions. That list is distinct from state lists, which historically regulated state-level quotas.
- Legal changes in recent years (constitutional amendments and Supreme Court interpretations) created confusion about whether states or the Union have ultimate authority to notify and amend lists for the purpose of reservation. Political moves to restore state powers, and judicial rulings that clarified (or complicated) the picture, followed.
- Separately, a government-appointed commission on OBC sub-categorisation was asked to examine whether a few dominant castes were cornering reservation benefits and how the 27% quota might be fairly redistributed. Its long-delayed, detailed report landed on the President’s desk in mid-2023 but has not been fully operationalised.
These threads — constitutional patchwork, judicial findings, a thick commission report, and heightened electoral stakes — explain why the central list has not received the simple parliamentary ‘stamp’ one might have expected.
Timeline of key developments (concise)
- 2018 — Major constitutional amendment gave the national body dealing with backward classes constitutional status, setting off debates about the locus of power to notify lists.
- 2017–2023 — A multi-year commission on OBC sub-categorisation carried out detailed work, repeatedly extended; its final report (covering thousands of communities and proposing sub-division of the 27% OBC quota) was submitted in July 2023.ThePrint on commission submission
- 2021 — Parliament passed an amendment intended to restore states’ power to prepare their own OBC lists (the political response to judicial interpretation). Indian Express summary of the amendment
- 2018–2025 — Reporting and inquiries indicate the central list has seen little updating; the Rohini-style sub-categorisation recommendations have been held in abeyance while the government weighs political and technical implications.The Wire report summarising the delay
What the sub-categorisation work found (headline findings)
The commission’s (technical) work — based on recruitment and admission records it could access — underlined stark inequities:
- A small number of OBC sub-groups have historically taken a disproportionate share of reservations in central jobs and seats; many other listed groups have negligible or zero representation.
- The commission proposed a structured sub-division of the central list and allocation formulas to redistribute the 27% among sub-categories so that historically marginalised OBC sub-groups would get a fairer share.
One handy summation in public reporting noted that a very small fraction of groups were accounting for a very large share of benefits — a technical fact that is politically explosive.[ThePrint / Hindustan Times summaries cited above]
Major stakeholders and their incentives
- The Union government: must balance legal clarity, federal politics and national institutions; wary of sudden changes that could reshuffle electoral coalitions.
- State governments: keen to retain or regain authority to identify backward classes for state-level reservations and to protect local political bargains.
- Judiciary: has repeatedly interpreted the balance between Parliament, President and state powers, producing decisions that drive further legislative responses.
- NCBC and commissions: technical bodies that collect and analyse data — their legitimacy depends on transparent methods and shared data inputs (notably caste enumeration).
- Social groups and political parties: OBC sub-groups are electorally significant and will mobilise for or against perceived gains or losses.
Constitutional and legislative hurdles — boiled down
- The 102nd amendment and subsequent judicial readings created ambiguity about which authority can notify SEBCs (Socially and Educationally Backward Classes) for reservation purposes. That ambiguity forced the legislature to re-calibrate via another amendment to restore certain state powers.
- Any change to lists — additions, deletions, sub-categorisation — invites litigation from communities that perceive loss. That legal risk makes governments cautious.
- Data gaps remain a fundamental constraint: without a reliable, publicly acceptable caste enumeration or reconciled central lists, sub-categorisation and exact redistribution remain technically fraught.
Recent developments up to 2025 and current status
- The commission’s voluminous report (submitted in 2023) has not been fully operationalised. Ministries and Cabinets have been slow to publish or table the recommendations for parliamentary consideration. Reporting in 2024–25 repeatedly noted the government was studying the inputs and that states and parties continued to press rival claims.[New Indian Express / Hindustan Times coverage cited earlier]
- Several states have pursued their own caste surveys and, in some cases, state-level sub-categorisation. This patchwork increases pressure for a coherent national approach but also raises federal tensions.
- Calls for a nationwide caste enumeration — a hard political and operational question — resurfaced; at least one national census cycle has been discussed as a venue for better data collection.
Possible paths forward (practical options)
- Publish the commission report and open a consultative parliamentary process. Transparency would narrow speculation and allow technical objections to be raised and addressed publicly.
- Launch (or commit to) a credible, institutionally independent caste enumeration or a well-designed socio-economic caste survey before binding reallocation is done. Good data reduces litigation risk.
- Start with pilot sub-categorisation in a limited sector (e.g., central public sector recruitment pools) to test methodology and impact before national roll-out.
- Frame legislative changes with sunset clauses and review mechanisms to reassure communities and courts that adjustments will be evidence-driven and time-bound.
My concluding reflection
This question is as much about data and law as it is about trust. The central list’s paralysis is not merely bureaucratic foot-dragging — it reflects legitimate anxieties from communities, courts and legislatures about fairness and political consequences. If we want a solution that lasts, it will need public data, a transparent process and political willingness to take calibrated risks. Otherwise the ‘‘seven years and counting’’ story will be retold after the next round of elections.
Regards,
Hemen Parekh
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