Socially and educationally backward classes
Also called: SEBC, Other Backward Classes, OBC
Under Article 366(26C), the backward classes deemed socially and educationally backward under Article 342A for the Central Government or a State or Union territory. Articles 15(4) and 15(5) permit special provisions for them.
Explained
Article 366(26C) defines socially and educationally backward classes as such backward classes as are so deemed under Article 342A for the purposes of the Central Government or the State or Union territory, as the case may be. The definition was inserted by the Constitution (One Hundred and Second Amendment) Act, 2018, which also created the National Commission for Backward Classes under Article 338B and inserted Article 342A.
Under Article 342A(1) the President, after consultation with the Governor in the case of a State, specifies by public notification the classes in the Central List, which are deemed SEBCs for the purposes of the Central Government, and under Article 342A(2) only Parliament can later include or exclude a class. The One Hundred and Fifth Amendment, 2021 added Article 342A(3), under which every State or Union territory may by law prepare and maintain its own list for its own purposes, which may differ from the Central List.
The expression appears first in Article 15(4), added by the Constitution (First Amendment) Act, 1951, which permits special provisions for the advancement of SEBCs and of Scheduled Castes and Scheduled Tribes. Article 15(5) extends this to admission to educational institutions, including private ones other than minority institutions. Article 16(4) uses a different phrase, "backward class of citizens", for reservation in appointments. Article 340 provides for a commission to investigate the conditions of SEBCs.
In Indra Sawhney v. Union of India (1992) the Court held that a caste can be a social class, that the creamy layer must be excluded, and that reservations should not ordinarily exceed fifty per cent. Article 15(6), on economically weaker sections, covers only classes other than those in Articles 15(4) and 15(5), and in Janhit Abhiyan v. Union of India (2022) the majority upheld that exclusion. Examiners test the amendment history, the Central and State lists, and the Article 15 and 16 wording.
What the law says
[(26C) "socially and educationally backward classes" means such backward classes as are so deemed under article 342A for the purposes of the Central Government or the State or Union territory, as the case may be];
Clause (26C) defines socially and educationally backward classes
[(1) The President may with respect to any State or Union territory, and where it is a State, after consultation with the Governor thereof, by public notification, specify [the socially and educationally backward classes in the Central List which shall for the purposes of the Central Government] be deemed to be socially and educationally backward classes in relation to that State or Union territory, as the case may be.
(2) Parliament may by law include in or exclude from the Central List of socially and educationally backward classes specified in a notification issued under clause (1) any socially and educationally backward class, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification.]
[Explanation.— For the purposes of clauses (1) and (2), the expression “Central List” means the list of socially and educationally backward classes prepared and maintained by and for the Central Government.
Central List by Presidential notification; State lists under clause (3)
[(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.]
[(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.]
[(6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of article 29 shall prevent the State from making,—
Clauses (4) and (5) permit special provisions for SEBCs
[(1) There shall be a Commission for the socially and educationally backward classes to be known as the National Commission for Backward Classes.
(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine.
(3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.
National Commission for Backward Classes
(1) The President may by order appoint a Commission consisting of such persons as he thinks fit to investigate the conditions of socially and educationally backward classes within the territory of India and the difficulties under which they labour and to make recommendations as to the steps that should be taken by the Union or any State to remove such difficulties and to improve their condition and as to the grants that should be made for the purpose by the Union or any State and the conditions subject to which such grants should be made, and the order appointing such Commission shall define the procedure to be followed by the Commission.
(2) A Commission so appointed shall investigate the matters referred to them and present to the President a report setting out the facts as found by them and making such recommendations as they think proper.
(3) The President shall cause a copy of the report so presented together with a memorandum explaining the action taken thereon to be laid before each House of Parliament.
Commission to investigate conditions of backward classes
For the exam
- Article 366(26C) and Article 342A were inserted by the 102nd Amendment, 2018; NCBC is under Article 338B.
- Article 342A(3), added in 2021, lets each State keep its own SEBC list.
- Article 15(4) was added by the First Amendment, 1951; Article 15(5) covers admission to institutions.
- Article 16(4) speaks of 'backward class of citizens', not SEBCs.
- Indra Sawhney (1992): caste can be a class, creamy layer excluded, 50 per cent ordinary ceiling.
36 questions in the Law Maker question bank use this term. Practise Constitutional Law questions
Judgments
- Indra Sawhney v. Union of India (1992)The Court upheld 27% reservation for Other Backward Classes under Article 16(4) subject to exclusion of the creamy layer, set a normal 50% limit, barred reservation in promotions prospectively, and struck down the 10% economic quota.
- Janhit Abhiyan v. Union of India (2022)By a 3:2 majority, the Constitution Bench upheld the Constitution (One Hundred and Third Amendment) Act, 2019, which enables up to ten per cent. reservation for economically weaker sections other than SCs, STs and non-creamy layer OBCs.
Related terms
- Scheduled CastesCastes, races or tribes, or parts of or groups within them, deemed to be Scheduled Castes under Article 341 of the Constitution (Article 366(24)).
- Scheduled TribesTribes or tribal communities, or parts of or groups within them, deemed under Article 342 to be Scheduled Tribes for the purposes of the Constitution (Article 366(25)).
- The State (Article 12)For Part III of the Constitution, the Government and Parliament of India, the Government and Legislature of each State, and all local or other authorities in India or under the control of the Government of India.
- LawFor Article 13 of the Constitution, law includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having the force of law in India.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.