The Supreme Court of India is set to review the West Bengal government's fresh initiative to reclassify Other Backward Classes (OBCs). This comes after the Calcutta High Court quashed the classification of 77 communities, primarily Muslim, as OBCs. The state has now undertaken a new identification process, expected to be completed within three months.
A bench comprising Justices BR Gavai and AG Masih is hearing the case filed by the State of West Bengal, challenging the High Court’s verdict. During the proceedings, Senior Advocate Kapil Sibal, representing the state, assured the bench that the new survey would be carried out thoroughly, adhering to constitutional requirements. He requested the matter be listed for July to allow the process to conclude.
“The West Bengal Commission for Backward Classes has informed the state government that they will conduct a benchmark survey of communities applying for OBC inclusion,”
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stated Sibal. Considering this submission, the bench agreed to list the case for a July hearing.
Justice Gavai noted:
“If the entire exercise is redone, and fresh reservations are granted without any grievances, then the question will become academic.”
The order dictated by the Court reads:
“Mr. Sibal, the learned senior counsel, states that the West Bengal Commission for Backward Classes is undertaking an exercise of examining the issue of backwardness afresh. He further submits that the same will likely take three months. Post the matter in July. Needless to say, the said exercise would be without prejudice to the rights of either of the parties.”
This decision follows an earlier directive from the Supreme Court in August last year, when a bench led by former Chief Justice DY Chandrachud sought a detailed affidavit from the West Bengal government regarding the classification of 77 communities. The Court had asked for clarity on:
- The nature of the survey conducted.
- Whether the backward classes commission was consulted before the classification.
In a subsequent hearing in December, the Supreme Court observed that reservations should not be granted based on religion. In response, Sibal emphasized that the reservations were made on the basis of backwardness, not religion, and highlighted that West Bengal’s minority population accounts for 27-28%.
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The Calcutta High Court struck down the OBC classification, stating that the process lacked transparency and constitutional adherence. The Court found that the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012, had been misused to extend reservations. It observed:
“The Commission and State acted in undue haste and with lightning speed in making recommendations for classifying 77 communities. The process seemed to align with a political announcement rather than a legitimate classification.”
The Court criticized the Commission for failing to conduct a proper inquiry before adding communities to the OBC list. It noted that no public notification was issued to invite objections, and essential data justifying the classification was not disclosed.
Furthermore, the Court pointed out that the classification appeared to be heavily skewed, as 41 out of 42 communities added to the OBC list belonged to the Muslim community.
“The primary and sole consideration for the Commission appears to be making religion-specific recommendations. To mask this, the reports were drafted under the guise of granting reservation to backward classes,” the Court remarked.
The Court concluded that these actions violated constitutional provisions and deviated from protective discrimination norms. It was also noted that the reports justifying the classification were not relied upon by the State before the Court.
The Supreme Court will reassess the matter in July once the West Bengal government completes its fresh survey. If the new classification process is carried out properly and no legal objections arise, the issue may become moot. However, if discrepancies remain, further judicial scrutiny will likely follow.
This case holds significant implications for reservation policies and the balance between affirmative action and constitutional guidelines. The outcome will determine how states can implement OBC reservations without violating legal and constitutional principles.
Case Title: THE STATE OF WEST BENGAL AND ANR. Versus AMAL CHANDRA DAS, SLP(C) No. 17751-17755/2024
