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Home/Anthropology/Mains PYQ/2024/Paper II/Indian Society, Caste & Civilization
UPSC MainsAnthropology Optional Paper II 2024 10 Marks Model Answer Available

Constitutional Safeguards for Backward Classes — 2024 Paper II

Question · 2024 · Paper II · 10 Marks

Constitutional Safeguards for Backward Classes

Model Answer

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Introduction Unlike Scheduled Castes (SCs) and Scheduled Tribes (STs), the Constitution does not define "Backward Classes." Sociologically, they represent intermediate castes (traditionally Shudras) who suffer from historical disadvantages in social stratification. To ensure substantive equality rather than just formal equality, the Constitution provides a framework of protective discrimination based on "social and educational backwardness."

Constitutional Safeguards for Backward Classes (OBCs)

  1. Educational and Employment Safeguards (Protective Discrimination)
  • Article 15(4) & 15(5): Empowers the State to make special provisions for the advancement of Socially and Educationally Backward Classes (SEBCs), including reservations in educational institutions (both state-funded and private, excluding minority institutions).
  • Article 16(4): Permits reservation in public employment for backward classes that are inadequately represented in State services.
  1. Institutional and Investigative Safeguards
  • Article 340: Mandates the appointment of commissions to investigate the conditions of SEBCs. This formed the constitutional basis for the Kaka Kalelkar and B.P. Mandal Commissions, which officially identified OBCs.
  • Article 338B: Inserted via the 102nd Amendment, it granted constitutional status to the National Commission for Backward Classes (NCBC), giving it the power of a civil court to safeguard OBC rights.
  • Article 342A & 105th Amendment: Empowers the President to notify the central OBC list, while the 105th Amendment expressly restored the power of State governments to identify and maintain their own distinct SEBC lists for state-level reservations.

Contemporary Issues and Anthropological Dynamics

  • The Creamy Layer Debate: Following the Indra Sawhney judgment (1992), the "creamy layer" principle was introduced to exclude economically advanced sections of OBCs, ensuring benefits reach the truly marginalized.
  • Internal Differentiation: OBCs are not a homogenous group. Dominant castes often corner the benefits, leaving micro-minority artisan castes behind. To correct this, the Justice G. Rohini Commission was established for the equitable sub-categorization of OBCs.

Conclusion The constitutional safeguards for Backward Classes represent India's unique socio-legal experiment in correcting historical deprivation. However, as the focus shifts from ritual backwardness to secular backwardness (education and economy), reservation policies must be supplemented with robust asset creation and capacity-building measures to achieve true social justice.

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UPSC Anthropology Optional 2024 — Paper II

28 questions

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10 Marks150 words
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10 Marks150 words
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10 Marks150 words
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10 Marks150 words
Syllabus: Paper II > Political Organization > State Formation > Origin of state societies
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5(d) Status of Sixth Schedule Areas

10 Marks150 words
Syllabus: Paper II > Constitutional Safeguards > Fifth and Sixth Schedules > Sixth Schedule areas
2024Paper IITribal Development, Policy & SafeguardsModel answer available

1(c) Syro-Malabar Christians

10 Marks150 words
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