In a recent landmark judgment on May 22, the Hon’ble Calcutta High Court delivered a meticulous analysis of the inclusion of 77 classes of Muslims as Other Backward Classes (OBC) in the state of West Bengal. The Court set aside the OBC classification of 37 communities under a 2012 law of which it struck down many provisions while scrapping all OBC certificates issued in the state after 2010.
It also said that records in the public domain show that on or about February 8, 2010, all leading newspapers had carried the West Bengal government’s announcement of 10 per cent reservation for the Muslim community. Within six months of the announcement, the Commission recommended the inclusion of 42 classes into the state OBC list, of which 41 belonged to the Muslim community, and following the recommendation, the state immediately included the same in the list. Thereafter, through a memo dated May 11, 2012, the West Bengal government further included 35 classes in the state OBC list.
“The court acted and stayed OBC certificates. Mamata Banerjee is giving reservations to Muslims for her vote bank politics. I welcome the high court order. I want to ask the people of West Bengal, can a constitutional head not obey the HC judgement? What kind of democratic mindset is West Bengal witnessing? Mamata Banerjee has looted reservations” — Amit Shah, Union Home Minister
This judgment not only addresses the legal intricacies surrounding the matter but also delves into the broader implications of political manoeuvres in the realm of reservation policies. With thorough attention to detail and a steadfast commitment to upholding the principles of justice and fairness, the Hon’ble High Court’s decision stands as a testament to the judiciary’s role in safeguarding constitutional values.
The genesis of this historic judgment lies in a series of writ petitions challenging the constitutionality of the inclusion of 77 classes of Muslims as OBCs under the West Bengal Backward Classes (Other Than Scheduled Castes and Scheduled Tribes) (Reservation Of Vacancies In Services And Posts) Act, 2012. These petitions raised fundamental questions regarding the legislative authority, procedural compliance, and the underlying
motives behind the classification of these communities as backward.
Congress in its manifesto for the Lok Sabha Elections 2024 has said, “We will ensure that the minorities receive their fair share of opportunities in education, healthcare, public employment, public works contracts, skill development, sports and cultural activities without discrimination.”
“We will encourage and assist students and youth belonging to the minorities to take full advantage of the growing opportunities in education, employment, business, services, sports, arts and other fields,” says Congress in its manifesto.
Here, it is worth mentioning that under the Congress-led UPA Government, the National Commission for Minority Educational Institutions (NCMEI) in 2011 granted minority institution status to Jamia Millia Islamia University. This allowed Jamia Millia — started in 1920 and declared a Central University by an Act of Parliament in 1988 — to reserve up to 50 per cent seats for Muslims. Also, the same Congress Government in 2005, approved 50 per cent reservation for Muslims in Aligarh Muslim University.
One of the key arguments put forth in the petitions was the allegation that the inclusion of these Muslim communities as OBCs was driven by political considerations rather than genuine socio-economic backwardness. The petitioners contended that the hasty manner in which recommendations were made without proper inquiry and publication of notifications, indicated a clear motive of garnering electoral support from these communities.
“The Commission and State acted in undue haste and with lightning speed in making recommendations for the classification of the 77 classes to make the public announcement of the then Chief Minister a reality,”
the Court said
“Not everyone in the courts is bad. I respect the judiciary. But the person who has given the order saying Muslims must be removed from OBC reservation, I don’t accept their judgment. I will not accept it. OBC reservation will continue. I will move the higher courts if needed” — Mamata Banerjee, Chief Minister, West Bengal
The Hon’ble High Court, in its exhaustive judgment, meticulously examined the provisions of the 2012 Act, the constitutional principles governing reservation policies, and the role of the State Government in determining backward classes. Justice Rajasekhar Mantha and Justice Tapabrata Chakraborty, in their respective opinions, provided a comprehensive analysis of the legal and factual aspects of the case, ultimately arriving at a
unanimous conclusion.
Andhra Pradesh Chief Minister Jagan Mohan Reddy-led YSR Congress government on March 24, 2023, passed a resolution that promises to provide Scheduled Caste (SC) status to Dalits who converted to Christianity.
One of the most significant aspects of the judgment was the Court’s scrutiny of the legislative policy guiding the State Government’s authority to specify OBCs. The Court highlighted the lack of a clear policy framework guiding the inclusion of these Muslim communities and emphasised the importance of collecting
quantifiable data to determine backwardness and inadequacy of representation.
Moreover, the Court raised serious concerns regarding the procedural irregularities in the inclusion process, including the absence of proper publication of notifications and the lack of opportunity for public scrutiny and objections. These irregularities, coupled with the apparent haste in making recommendations, reinforced the Court’s apprehensions about the political motivations behind the classification. The judgment also underscored the broader implications of using reservation policies for electoral gains. By scrutinising the inclusion of these Muslim communities as OBCs, the Court shed light on the dangers of politicising social welfare measures and compromising the principles of equality and meritocracy. The judgment serves as a timely reminder of the judiciary’s role in safeguarding constitutional values and preventing the misuse of power for narrow political interests.
“During our review, we observed that since 2010, 65 Muslim castes and six Hindu castes were added to the OBC list without proper documentation. Despite our requests, the state government did not provide any reports to support these additions” — Hansraj Gangaram Ahir, Chairman, The National Commission for Backward Classes (NCBC)
The Hon’ble High Court’s judgment on the inclusion of 77 classes of Muslims as OBCs in West Bengal is a historic milestone in the annals of Indian jurisprudence. By upholding the principles of fairness, transparency, and constitutional morality, the Court has reaffirmed its commitment to justice and equity. The judgment not only sets a precedent for future cases involving reservation policies but also underscores the judiciary’s crucial role in upholding the democratic fabric of the nation. As citizens, it is imperative that we uphold the spirit of this judgment and remain vigilant against any attempts to undermine the principles of social justice and equality.
Shortly after this groundbreaking Judgement was delivered, Chief Minister Mamata Banerjee openly defied the Court’s ruling during an election rally, intensifying her call for the inclusion of Muslims in the OBC category. This act highlights a troubling pattern. By openly rejecting the authority of both the Constitution and the judiciary, Banerjee is establishing a dangerous precedent that undermines the rule of law. Her stance confirms her as a leader who disregards institutional norms for immediate political advantage, echoing the very tactics she criticizes in her opponents. Such behaviour not only erodes confidence in democratic institutions but also exacerbates social and political tensions. Furthermore, the attempt to shift reservation benefits from established OBC communities to Muslims, ostensibly in the name of social justice, widens societal divides and raises doubts about the true motives of the Opposition. This strategy appears to prioritise electoral considerations over genuine empowerment of marginalised groups, with far-reaching social and political consequences.
In a major move that has raised genuine concerns among OBCs, the Congress-led Government in Karnataka has classified the entire Muslim community as backward caste. This move is in sync with the party’s long standing minority appeasement policy. The decision by the Congress-led Government in Karnataka to include the entire Muslim community in the socially and educationally backward class category has sparked controversy and raised concerns among Other Backward Classes (OBCs) in the State. Under Category IIB of the State List of Backward Classes, the Karnataka Backward Classes Welfare Department has categorised all castes and communities within the Muslim religion as socially and educationally backward. This move effectively grants the Muslim community access to benefits and privileges previously reserved for OBCs.
According to data from the Karnataka Backward Classes Welfare Department, all castes and communities within the Muslim religion have been classified as socially and educationally backward classes under Category IIB in the State List of Backward Classes. Under Category II-B, all Muslims of Karnataka state have been considered as OBC: National Commission for Backward Classes. Critics, including Prime Minister Narendra Modi, have voiced opposition to this decision, alleging that it represents a form of wealth redistribution. They argue that by extending benefits to the Muslim community, the Congress Government is effectively diverting resources away from OBCs, Scheduled Castes (SCs), and Scheduled Tribes (STs).
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