SC Notice To Centre, Kerala On Contempt Plea Alleging ‘Wilful Disobedience’ To Revise OBC List In The State

Relevance: GS2 - Government policies and interventions for development in various sectors and issues arising out of their design and implementation; Indian Constitution

(Source: The Hindu, 09/25/2023)

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Why in the news?

Recently, the Supreme Court issued notice to the Kerala government, the Kerala State Commission for Backward Classes (KSCBC) and the Union Government in a contempt petition, which alleges that they have not complied with the Kerala High Court order to conduct a socio-economic study for revising the reservation list for the socially and educationally backward classes in the state.

What is the issue?

• A petition was filed by the Minority Indians Planning and Vigilance Commission Trust, alleging under-representation of Muslim, SC/ST, and other backward classes in Kerala Public Services due to the non-revision of the reservation list.
• Due to this non-revision, the Muslim community, SC/ST and 70 other backward classes have been grossly underrepresented in the Kerala Public Services.
  • For example: According to a survey conducted by the Kerala Sasthra Sahitya Parishath and the report of Justice Rajinder Sachar Committee authorities, Muslim representation is abysmally low in the Kerala Public Services. On the contrary, Ezhava community with a lesser population than Muslims was getting adequate representation in Public Services.

Background

• In 2020, Kerala High Court directed the Union government to finalize a socio-economic study report for identifying backward classes within Kerala and submit it to the State Backward Classes Commission, with the Kerala State Commission for Backward Classes (KSCBC) making recommendations based on it within six months.
• The Union government challenged this in the Supreme Court, but in June 2021, the Supreme Court dismissed the challenge and granted an extended year for compliance, ending in September 2022. However, the state government has not initiated the caste-based census or report finalization.

Challenge to Neglected Equitable Distribution of Reservation Benefits in Kerala

• The 1992 Supreme Court judgment in the Indira Sawhney case called for a classification within backward classes and the fair distribution of reservation benefits. This necessitated the periodic review of lists to remove individuals who were no longer considered backward.
• The lapse in conducting the study and timely revision in the backward classes list was violative of Article 16(4) of the Constitution. The Article had empowered the States to make laws to ensure the representation of the weakest sections of the society in public employment.
• It was pointed out that the inaction on the part of the Kerala government violates the statutory functions mandated under Section 11 of the Kerala State Commission for Backward Classes Act, 1993 and Kerala State Backward Classes (Reservation for appointments or posts in the services under the State) Act of 1995.
  • Section 11(1) of the Kerala State Commission for Backward Classes Act, 1993 states that the Government may at any time, and shall, at the expiration of 10 years from the coming into force of this Act and every succeeding period of 10 years thereafter, undertake a revision of the list with a view to exclude from such lists those classes who have ceased to be backward classes or for including in such list new backward classes.

Other Backward Class (OBC) in India

• The backward classes are not specified in the Indian Constitution, but they relate to those who are economically and academically disadvantaged in comparison to other social groupings.
• Backward classes endure a wide range of limits, dishonor, and disadvantages in society, such as social and economic concerns, poverty, illiteracy, low social standing, and so on, which they are compelled to inherit as a result of being born into inferior tribes or castes.
• However, owing to their inferior social status, other sections of society do not acknowledge them, and the Indian Constitution does not specify or define the backward classes.
• On an average level, the OBC population is around 42.2% of the population.

Constitutional Provisions for Other Backward Classes

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FAQs

MCQ

Question: Consider the following statements:

1. Article 340 addresses the necessity to identify "socially and educationally backward classes," understand their circumstances and provide recommendations to alleviate the challenges they experience, among other things.
2. National Commission for Backward Classes (NCBC) has the jurisdiction under Article 338B to investigate complaints and welfare measures involving socially and educationally disadvantaged people.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2