The court criticised the use of “religion” as the sole criterion for declaring these communities as OBCs, calling the selection of 77 classes of Muslims as backwards an affront to the Muslim community and a manipulation for political ends.
On May 22, in a significant development the Calcutta High Court ordered the cancellation of approximately 5 lakh Other Backward Classes (OBC) certificates in West Bengal issued after 2010, targeting irregularities and corruption in the issuance process. The court’s decision has profound social and political implications.
The High Court's Verdict
In a detailed 211-page judgment, the division bench of Justices Tapabrata Chakraborty and Rajasekhar Mantha made several key points:
Illegal reservations: The court struck down 77 classes of reservations given between April 2010 and September 2010, and 37 classes created based on the Act of 2012. These were nullified due to illegal reports recommending such classifications and non-consultation with the West Bengal Backward Classes Commission, respectively.
Religion basis : The court criticised the use of “religion” as the sole criterion for declaring these communities as OBCs, calling the selection of 77 classes of Muslims as backwards an affront to the Muslim community and a manipulation for political ends.
Executive orders: The bench invalidated executive orders from May 2012, creating several sub-classes, and September 2010, increasing OBC reservation from 7% to 17%. These were struck down due to non-consultation of the commission.
Non-Affected individuals: The bench clarified that individuals who had already secured employment using these certificates would not be affected by this order.
The court, however clarified that the order will not affect the services of the citizens of the ejected classes, who are already in service or have been benefitted by reservation or have suceeded in any selection process of the state.
Social and Economic Impact
Immediate disruption: The annulment will affect thousands of families relying on OBC benefits, including educational reservations, employment quotas, and welfare schemes.
Educational setback: Students availing educational reservations may face uncertainties regarding admissions and scholarships
Political Repercussions
Impact on TMC: The Trinamool Congress (TMC) could face significant political fallout. The immediate effect of the order could be felt in the sixth phase of the West Bengal Lok Sabha Election on May 25 in Tamluk, Kanthi, Ghatal, Purulia, Bankura, Bishnupur, Jhargram, and Medinipur constituencies. West Bengal Chief Minister Mamata Banerjee has already stated that she will not accept the Calcutta High Court's order on scrapping the OBC status of some classes in the state. This defiance could further intensify political tensions and shape the narrative surrounding the ruling party's stance on social justice issues.
Opposition leverage: The BJP and other opposition parties may use this to galvanize support among affected communities.
OBC Voter Mobilization: The revocation may lead to protests and mobilization among OBC communities, with political parties aligning themselves with these movements for electoral gains.
The Calcutta High Court's order to scrap 5 lakh OBC certificates marks a significant step towards rectifying systemic corruption and ensuring fairness in affirmative action. However, it also raises important constitutional questions regarding reservations based solely on religion. The Indian Constitution primarily allows for reservations to historically disadvantaged groups, such as Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs), based on social and educational backwardness rather than religion per se.
This ruling underscores the need for adherence to constitutional principles in implementing affirmative action policies. The immediate social disruption and potential political repercussions highlight the challenges faced by the West Bengal government in restoring public confidence through transparent and equitable governance. The next few months will be critical in shaping the state’s political and social future amidst these complex dynamics.
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