Supreme Court quashed the Union Government’s decision to include Jats in the Central OBC list

The Supreme Court of India (SC) on 17 March 2015 quashed the Union Government’s decision to include Jats in the Central Other Backward Classes (OBC) list.

The SC declared the Union government’s decision as null and void because of the following reasons:

• The National Commission for Backward Classes (NCBC) in its report on 26 February 2014 had rejected the Union government’s request for recommending inclusion of Jat community in the central list of backward classes because they do not form socio-economic backward class. However, the Union Government overlooked the commission’s recommendation and issued a notification on 4 March 2015 including Jats in the Central OBC list.
• As per the Mandal Commission’s recommendation though Caste is a prominent factor it cannot be the sole factor of determining the backwardness of a class.
• Inclusion of politically organised castes like the Jats in OBC list is not good for other backward classes.

Besides, the SC also asked the Union Government to consider new and emerging form of backwardness to decide the OBC list and referred the case of transgender which must be given benefits of OBC reservation.

The SC decision came on a Public Interest Litigation (PIL) filed by the OBC Reservation Raksha Samiti which represents the members of communities that are included in the Central List of Backward Classes.

Constitutional dimension

Article 15(4) of the Indian Constitution empowers the government to provide for special provisions for the advancement of any socially and educationally backward classes of citizens.

Article 16(4) of the Constitution empowers the government to provide for reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the government, is not adequately represented in the public services.