Mandal Commission: Most Recommendations Lay in Deep Freeze

The Constitution of India ensures the right to equality for its citizens, but due to social discrimination, a large section of society has minimal representation in services and other sectors. To address the situation of Socially & Educationally Backward Classes (SEBC), the Second Backward Classes Commission, headed by Sri B.P. Mandal, was set up by the Janata Party government on 1st January 1979. The Commission submitted its report on 31st December 1980, but it lay in deep freeze for the whole decade of Congress rule. When the Janata Dal government came to power in 1989, a notification for 27% reservation for SEBC in the services of the Central Government and its public sector undertakings was issued on 13th August 1990.

The report reveals that "The population of OBCs, both Hindu and Non-Hindu, is around 52% of the total population of India. Accordingly, a pro-rata reservation of 52% of all posts under the Central Government should be reserved for them. But this provision would go against the law laid down in a number of Supreme Court judgments wherein it has been held that the total quantum of reservation under Articles 15(4) & 16(4) of the Constitution should be below 50%. In view of this, the proposed reservation for OBCs would have to be pegged at a figure which, when added to 22.5% for SCs and STs, remains below 50%. In view of these legal constraints, the Commission recommended a reservation of 27% only, even though their population is twice the figure. States which have already introduced reservation for OBCs exceeding 27% will remain unaffected by this recommendation."

Reservation of only 27% for SEBC has been recommended by the Commission due to the legal constraint of a 50% ceiling by the Court; otherwise, it would have been as per population proportion, i.e., 52%. In 2019, the ceiling was increased to 60% through the 103rd Constitutional Amendment, for the provision of 10% reservation for the Economically Weaker Sections (EWS) of upper castes. The same process should have been done to provide 52% reservation instead of just 27% for SEBC, but fragmented depressed sections have never been in the priority list of the governments.

The Janata Dal and subsequent Central governments have not implemented all the recommendations of the Mandal Commission. The Commission’s recommendations are not limited to government services, which constitute less than 1% of the population, but aim for the all-around development of society so that all citizens may eventually stand on the same benchmark. The following schemes recommended by the Commission for OBCs are still awaiting implementation:

1. Candidates belonging to OBCs recruited on the basis of merit in an open competition should not be adjusted against their reservation quota of 27%.
2. The above reservation should also apply to the promotion quota at all levels.
3. Reserved quota remaining unfilled should be carried forward for a period of three years and dereserved thereafter.
4. Relaxation in the upper age limit for direct recruitment should be extended to OBC candidates in the same manner as is done for SCs & STs.
5. A roster system for each category of posts should be adopted by the concerned authorities in the same manner as for SC & ST candidates.
6. The above scheme of reservation should also apply to all recruitment in public sector undertakings under both Central and State Governments, as well as to nationalized banks.
7. All private sector undertakings receiving financial assistance from the government should recruit personnel based on the above criteria.
8. All universities and affiliated colleges should also be covered by this scheme of reservation.
   
   

Educational Concessions

The adult education program and residential schools started on a selective basis will operate as growing points of consciousness for the entire community.

27% of seats should be reserved for OBC students in all scientific, technical, and professional institutions run by the Central and State Governments. States that have already reserved more than 27% seats for OBC students will remain unaffected by these recommendations.

Special coaching facilities should be arranged for OBC students in technical and professional institutions to prevent frustration and ensure the production of well-equipped professionals.

Financial Assistance

Separate financial institutions should be established to provide financial and technical assistance for vocational communities (e.g., potters, blacksmiths, carpenters).

Structural Changes

State Governments should enact and implement progressive land legislation to effect structural changes in production relations in the countryside.
A portion of surplus land obtained through land ceiling laws should also be allotted to OBC landless laborers.

Miscellaneous

1. Certain occupational communities (e.g., Fishermen, Banjaras) still suffering from untouchability may be included in the SC/ST list.
2. Backward Classes Development Corporations should be set up at Central & State levels for socio-educational advancement.
3. Separate Ministries/Departments for OBCs should be created at Central & State levels.
4. To better represent very backward sections of OBCs, areas with their concentration should be made into separate constituencies during delimitation.
   
   

Central Assistance

All development programs for OBCs implemented by State Governments should receive Central Government financing, as is done for SCs & STs. The entire scheme should be reviewed every 20 years to evaluate its impact on the prevailing status of OBCs.

The Commission’s report, based on the last Census of 1931, highlights the urgent need for a caste-wise survey in Census 2021 and proportional reservation for OBCs. This would help formulate welfare schemes effectively and efficiently, thereby reducing societal inequality.