West Bengal government led by Chief Minister Mamata Banerjee recently finalized a new Other Backward Classes (OBC) survey that proposes the inclusion of 140 additional sub-groups within the category, in the run-up to the 2026 assembly poll. The report is set to be presented during the monsoon session of the assembly, commencing on 9th June.
The government has also signaled that the existing 17% OBC reservation policy will remain in effect. The survey has been prepared in accordance with the suggestions provided by the West Bengal Backward Classes Commission (WBCBC), which has recently received approval from the state cabinet.
The reservation for OBC in the state is categorized into two distinct groups. The first category, known as ‘OBC A’, allocates 10% reservation and encompasses a total of 81 communities and 56 of these are from the Muslim community. The second category, ‘OBC B’, provides a 7% reservation and includes a total of 99 communities, out of which 41 belong to the Muslim community. Therefore, out of 180 communities, 97 are Muslim communities in the state.
Clearly, a significant share of the state’s overall OBC reservation is designated for Muslim communities. However, the government maintains that they are socially and economically underprivileged, thereby justifying the need for reservation. It further claims that these decisions were reached through a ‘three-tier process’ which consisted of two surveys and a hearing by the Backward Classes Commission.
A new round of political controversy has been sparked by the development, especially in regards to the decision’s timing. Despite formally stating that the action is intended to address long-standing problems with recruitment, school and college admissions, Trinamool Congress members acknowledge in private discussions that political consideration was behind the move.
“This step clears administrative tangles that have been creating confusion since the certificates were cancelled. It will also help address the negative impression created about the government,” mentioned a party insider, according to a report in News Arena India. The move was applauded by Samirul Islam, party’s Rajya Sabha MP, who described it as “historic” and a gesture that “will set an example for the next generation.”
The opposition, however, has voiced serious reservations. Manoj Tigga, Alipurduar MP for the Bharatiya Janata Party, charged that the administration was engaging in “appeasement politics” by adding a substantial portion of Muslim populations to the updated list. “This decision has been taken with an eye on the elections. We have serious doubts about the transparency of the survey process,” he expressed.
The OBC reservation in West Bengal has increased from 10% to 17% with the admission of the 76 new communities. 64 of the 66 communities that were previously recognized have been retained. Although they are anticipated to be revealed shortly, the specifics of the recently added 76 communities have not yet been formally announced.
The BJP has consistently highlighted the concern that if reservations are allocated based on religion, the genuinely deserving OBCs from Hindu and other communities might be denied their rights.
Govt doing Muslim appeasement: Calcutta High Court’s landmark judgement
The matter came to light last year when the Calcutta High Court cancelled Other Backward Class (OBC) certificates issued to 77 groups by the Left and Trinamool Congress governments between 5th March 2010 and 11th May 2012. The development came as a shocker for the incumbent government amid the Lok Sabha elections in the state. Meanwhile, Mamata Banerjee openly announced to flout the verdict of the court.
The matter came up for hearing before a two-judge Bench of Justices Tapabrata Chakraborty and Rajasekhar Mantha of the Calcutta High Court. The court took into account the arguments made by the West Bengal government and the petitioners and struck down 5 lakh OBC certificates issued by the government since 5th March 2010.
The judges noted that the West Bengal government had placed “extensive reliance” on the Sachar Committee Report of 2006 which had infamously concluded that the condition of Muslims in India was worse than those belonging to the Scheduled Castes (SCs) and Scheduled Tribes (STs). It ruled that the report relied upon by the state to justify the backwardness of Muslims and include them in the OBC category, has no constitutional sanction.
“This was done to support the argument that the Muslim community is in fact backward in the State. The report was placed to justify the inclusion of 99% classes of Muslims as OBC under the subject memoranda, and to bypass the Commission in the process of sub-classification. This court notes that the Sachar Committee was constituted by the PMO under the Cabinet Secretariat O.M. No. 105/1/1/75-CF dated 20.11.1975. It was not constituted under Art. 340 of the Constitution which empowers only the President to constitute a Commission for backward classes. Hence, the report of the Committee does not have Constitutional sanction or support,” the court pronounced.
The bench further stated, “Such exclusion of the role of the Commission, and arrogating to itself the power to ignore the Commission at its own sweet will whim and fancy therefore tantamounts to an exercise of fraudulent legislative power and consequently a fraud on Constitutional power under Art 16(4). It appears that the Act of 2012 has been enacted for the oblique purpose of bypassing the Commission or at the least to render the mandatory requirement of consulting the Commission optional.”
