EXTENSION TO OBC SUB-CATEGORISATION COMMISSION

Recently Union Cabinet approved the 13^th extension to the Justice Rohini Commission, to examine the sub-categorization of Other Backward Classes constituted under article 340 of the Constitution.

The initial deadline to submit the report was 12 weeks by 2^nd January 2018.

About

• The commission was constituted to examine the issue of sub-categorization within Other Backward Classes (OBC) in the Central List on 2^nd October 2017.
• In 2015 the National Commission for Backward Classes (NCBC) recommended that OBC should be categorized into extremely backward classes, more backward classes, and backward classes.
• NCBC has the power to examine complaints and welfare regarding socially and educationally backward classes.

Reason for extensions

• The Report is ready with the recommendations. But feedback from States is pending before submitting it.
• The Commission will visit each State and see the situation on the ground. The process has been delayed due to the pandemic and in the last six months, no visit has been made.

• The given extension of tenure and addition in its terms of reference shall enable the commission to submit a comprehensive report on the issue of sub-categorization of OBC, after the consultation with various stakeholders

Commission Terms of Reference

• To examine the uneven distribution of reservations and to provide the equitable distribution of the benefit reserved for OBCs among these.
• To work out the mechanism, norms, criteria, and parameters in a scientific approach for the sub-categorization of OBCs.
• To take up the work of identifying the respective castes/communities/sub-castes/synonyms for comprehensive data coverage
• To study and recommend correction of any repetitions, ambiguities, inconsistencies, and errors in transcriptions.

Need for the Sub-categorization of OBC

• No uniform benefits -The relatively dominant and rich sections among the backward castes have tended to take up a disproportionately larger share of the reservation pie.
• Upper strata have a major share- Presently, half of these 1,900-odd castes have availed less than 3% of reservations in jobs and education, and the rest availed zero benefits during the last five years.

For Example- On the one hand, there are powerful land-owning farming communities like (Jats, Yadavs, and Kurmis )who are availing benefits and on the other hand, there is a large number of numerically small peasant and allied communities such as fish workers and herdsmen who have little or even no land holdings.

• Five-year data on OBC quota implementation in central jobs and higher educational institutions revealed that a very small section has cornered the major share.
• Recommendations in this favour- The National Commission for Backward Classes had recommended the sub-categorization in 2011 and the Standing committee too had recommended this. Sub-categorization is a very simple way of addressing this inequality within the OBCs.

Work done so far

Commission has met representatives of state governments, State Backward Class Commissions, and community associations.

• The commission has suggested dividing OBCs into four subcategories numbered 1,2,3 and 4 and splitting the 27% into 2%,6%,9%, and 10% in the year 2021.
• It has also suggested complete digitization of all OBC records and a standardized system of issuing OBC certificates.

Challenges

• Political issue- It is likely to affect the dominant OBC groups. The regional parties championing the interests of dominant OBC castes are likely to oppose such sub-categorization.
• An earlier attempt to provide sub-quotas for OBCs in Andhra Pradesh was stalled by courts on the ground that a religion-based quota is not permitted.
• Vote-bank politics has a lot to do with the prioritizing of caste-based categorization over income-based differentiation to identify the reservation beneficiaries.

REFORM IN JUSTICE DELIVERY SYSTEM

The Chief Justice of India stated that the pendency of cases is a major issue and the problem is intensifying very rapidly. Judicial reform is not merely a policy matter and human sensitivities should be kept at the centre of all the deliberations on this issue.

Data

• More than 40% of cases are decided after three years in India, whereas in many countries less than 1% of cases are decided after three years.
• About 70% of prisoners in India are undertrial and are mostly poor citizens and backward classes.

Challenges of the Judicial System

• Lack of necessary infrastructure and high pendency of cases.
• Ineffective planning in the functioning of the courts with more outdated laws like section 124A of IPC
• There has been no time frame prescribed for the court for the disposal of cases.

Niti Aayog state that with the current rate of disposal of cases, it will take more than 324 years to clear the backlog, and the pandemic has also made it worse.

• Almost the entire three-tier justice delivery system has been computerized and equipped with modern technology however the section of the lawyer’s fraternity has resulted in a slow-paced migration to the digital format.

What led to the under performance of the Indian judiciary?

The main factor contributing to under performance of the judiciary highlighted by the Malimath Committee Report are as follows:

• Population explosion leading to Litigation explosion
• Hasty and imperfect drafting of legislation
• Plurality and accumulation of appeals as well as the inadequacy of judge strength
• Failure to provide adequate forums of appeal against quasi-judicial order.

Recent development in the Judicial System

• The CJI has said to set up a National Judicial Infrastructure Corporation (NJIC) to develop judicial infrastructure in the trial court.
• The regular court proceeding in our Indian court in such unprecedented times are either being adjourned or have been carried out virtually via videoconferencing.
• The e-court portal is a one-stop solution for all stakeholders like the litigant, advocates, government agencies, police, and the common citizen. The portal has a multi-language system.
• The filling of cases through the internet which is known as e-filing. It has multiple advantages like:

1: It has proven to be effective in saving time and money for traveling

2: Physical presence in the court is not mandatory

3: It has impacted the environment positively by reducing the paper footprint

• Online payment can be made by the citizen using the e-payment portal which will reduce the usage of stamps, cheques, and cash.
• The data of cases pending at the national, state, district, and individual court levels are now made accessible to the general public as well as the researcher and the society at large through the National Judicial Data Grid.
• The E-Sewa Kendra is set up as a one-stop center for accessing all the facilities provided under the e-court project, it has been set up in the high court and one in the district court of each state on the trial basis

Measures for better working of the Judicial System

• Creating National Judicial Infrastructure Corporation (NJIC) NJIC: this will bring a revolutionary change in the judicial functioning provided the proposed body is given financial and executive power to operate independently of the union and the state government.
• Appointment reform: many experts advocated the need to appoint more judges with unquestionable transparency in such appointments.
• Creating All India Judiciary Services: this would be a landmark move to create a pan India service that would result in a wide pool of qualified and committed judges entering the system.
• Running two shifts of courts: filling all vacancies may result in a requirement of about 5000 courtrooms `and a simple solution would be to run 5000 courts in two shifts.

Addressing the judicial problems by the government and the judiciary itself can make the Indian judicial system rank among the top countries in the world. Judicial System reforms will not only empower the common people but will have a multiplier effect in strengthening Indian democracy.