On monday, Supreme Court Demanded Data Justifying West Bengal’s OBC Classification for 77 Castes.
On August 5th, 2024, the Supreme Court took action on the case regarding the inclusion of 77 castes, mostly from Muslim communities, in West Bengal’s OBC list. The Court issued notices to those who had challenged this classification, as well as to the parties involved in defending it. Additionally, the Supreme Court gave the West Bengal government a chance to explain and justify why these 77 castes were added to the OBC list in the first place.
Case Background:
On May 22, the Calcutta High Court made a landmark decision overturning the West Bengal government’s move from between 2010 and 2012 to include 77 caste groups, mostly Muslim communities, in the Other Backward Classes (OBC) list. The Court also invalidated all OBC certificates issued in West Bengal since 2010.
Specifically, the ruling struck down the reservation status for 37 of these castes under The West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012.The High Court’s decision to cancel OBC certificates for these 77 caste groups was met with strong opposition from the West Bengal government, led by the Trinamool Congress (TMC). The state government has now challenged the ruling in the Supreme Court.
Legal arguments:
In the Supreme Court hearing, Senior Advocate Indira Jaisingh, representing West Bengal, argued that the Calcutta High Court’s decision not only cancelled OBC reservations for 77 caste groups but also invalidated several provisions of the related statute. This, she claimed, has halted all OBC reservations in West Bengal.Senior Advocate Mukul Rohatgi, representing the opposing side, criticised the state’s actions, calling them fraudulent and extreme. He argued that the High Court found no adequate surveys were conducted and that the reservations were improperly based on pre-identified castes and religious criteria.
Jaisingh countered these claims, stating that allegations of religious bias were unfounded and misrepresented the court’s order. She emphasised that the reservations were made based on social and economic factors, not religion.Chief Justice D.Y. Chandrachud expressed concern about the potential consequences of upholding the High Court’s ruling, which might eliminate all reservations. The Court indicated it would consider issuing a notice and possibly a stay on the High Court’s judgement.Jaisingh also addressed the High Court’s criticism of amendments to the statute, arguing that the ruling misinterpreted the terms “ordinarily binding” and “consultation,” which she felt undermined the authority of the commission overseeing caste classifications.
Supreme Court’s decision:
The plea filed by the West Bengal government was being heard by a three-judge bench led by Chief Justice D.Y. Chandrachud, along with Justices J.B. Pardiwala and Manoj Mishra.The Supreme Court took a major step regarding the West Bengal government’s recent decisions on caste classifications. The Court asked West Bengal to provide clear data showing how and why new castes were added to the Other Backward Classes (OBC) list. They specifically want information on the social and economic status of these groups and their representation in government jobs.The Court also requested an affidavit from the state detailing any consultations that took place before adding 37 of these castes, mainly Muslim communities, to the OBC list. This follows a May 22 ruling by the Calcutta High Court that had invalidated the OBC status of several castes and the reservations given to them.During the proceedings, Chief Justice D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Mishra listened to arguments from senior advocate Indira Jaising, representing the Trinamool Congress-led state government. Jaising questioned whether the high court was overstepping its bounds.The Supreme Court has asked West Bengal to submit their detailed report by next Monday and will review it on August 16.
