Social Justice & Welfare·Amendments

Other Backward Classes (OBCs) — Amendments

Constitution VerifiedUPSC Verified
Version 1Updated 9 Mar 2026
AmendmentYearDescriptionImpact
1st Constitutional Amendment Act1951Inserted Article 15(4), enabling the State to make special provisions for the advancement of socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. This was a direct response to the Madras High Court's ruling in *Champakam Dorairajan* case.Provided the constitutional basis for affirmative action for backward classes, including OBCs, in educational institutions and other areas, overriding judicial interpretations that limited such provisions.
93rd Constitutional Amendment Act2005Inserted Article 15(5), empowering the State to make special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in matters of admission to educational institutions, including private unaided institutions (except minority educational institutions).Extended reservation benefits for OBCs, SCs, and STs to admissions in private unaided educational institutions, significantly broadening the scope of affirmative action in higher education.
102nd Constitutional Amendment Act2018Granted constitutional status to the National Commission for Backward Classes (NCBC) by inserting Article 338B. It also inserted Article 342A, which specifies the procedure for identifying socially and educationally backward classes (SEBCs) for the purpose of the central list, making the President's notification, after consultation with the Governor, the primary method, with Parliament having the power to modify the list.Elevated NCBC to a constitutional body, strengthening its powers and autonomy. Centralized the process of identifying SEBCs for the central list, initially leading to concerns about states' powers, which were later addressed.
105th Constitutional Amendment Act2021Clarified that states and Union Territories have the power to identify and notify their own lists of socially and educationally backward classes (SEBCs) for state-specific purposes. This amendment restored the states' power that was perceived to have been curtailed by the 102nd Amendment.Reaffirmed the federal structure of reservation policy, ensuring that states retain their autonomy to identify and list OBCs relevant to their specific socio-economic conditions, without requiring parliamentary approval for state lists.
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