Constitutional definition attained through 102 CAA 2018

342A. (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 which shall for the purposes of this Constitution 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

Article 366(26C) Definition of Socially and Educationally Backward classes

‘(26C) "socially and educationally backward classes&q ot; means such backward classes as are so deemed under article 342A for the purposes of this Constitution;

Creamy Layer

SC defined creamy layer [Constitution allowed only to make special provisions for socially & educationally backward citizens/ST/SC][Not economic]

Children belong to creamy layer among OBCs and will not get quota benefit

Persons holding constitutional posts like President, Vice President, Judges of SC & HC, Chairman and Members of UPSC, SPSC, CEC, CAG etc.
Group A/Class I & Group B/Class II officers of All India, Central, State services and employees holding equivalent posts in PSUs, Banks, Insurance Organizations, Universities etc. and also in private employment
Persons who are in the rank of colonel and above in the army and equivalent posts in the Navy, Air Force and the Parliamentary forces
Professionals like doctors, lawyers, engineers, artists, authors, consultants and so on
Persons engaged in trade, business and industry
People holding agricultural land above a certain limit and vacant land or building in urban areas
Persons having gross annual income of more than 6 lakh or possessing wealth above the exception limit

National Commission for Socially and Educationally Backward Classes Constitutional Amendment Act 2018

102 Constitutional Amendment Act CAA 2018

An accompanying bill, The National Commission for Backward Classes Bill 2017, was also passed to repeal the 1993 law.
Features of the bill

Definition of socially and educationally backward classes - Article 366(26C)
Giving constitutional status for socially and educationally backward classes - Article 342A,
Parliament to decide on inclusion/exclusion for Central list of OBCs

Under Article 342A the President may specify the socially and educationally backward classes in the various states and union territories. He may do this in consultation with the Governor of the concerned state.
However, a law of Parliament will be required if the list of backward classes is to be amended.
Note: Governor, President, Parliament has a role

National Commission for Backward Classes- Article 338B

Article 338 B - There shall be a Commission for the socially and educationally backward classes to be known as the National Commission for Backward Classes.

Socially and Educationally Backward Classes (OBCs)