The Kerala State Commission for Backward Classes and the Act that requires the State to consult it

Background

On 29 September 2026 the Kerala High Court directed the Secretary of the Department of Backward Classes Development to file an affidavit, within four weeks, disclosing the steps taken so far towards conducting a socio-economic caste survey in the State.
Under Section 11(2) of the Kerala State Commission for Backward Classes Act, 1993, decisions on conducting a socio-economic or caste survey, on the use of data from such a survey, and on revising the State list of Other Backward Classes are to be taken in consultation with the Kerala State Commission for Backward Classes.
The Director of the Backward Classes Development Department filed an affidavit stating that his department implements schemes for the educational, social and economic advancement of backward classes, but that such survey and list decisions are for the Government acting through that administrative department.
The Director also stated that he had no independent authority to order a socio-economic or caste survey, to decide on the use of SECC-2011 data, or to revise the State list of Other Backward Classes.
The direction came in a contempt case over non-compliance with an earlier judgment on inadequate representation of backward classes in two public services and on the State's failure to conduct a socio-economic survey.
Under that earlier judgment the Union and State Governments were to finalise the report and submit it to the Commission, which was then to evaluate it and submit recommendations to the State Government.
The order was passed by a Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M.