23 May 2024: In a landmark decision, the Calcutta High Court annulled 5 lakh OBC certificates issued by the West Bengal government since 2010, declaring these reservations in jobs and services illegal. The court emphasized that “religion” appeared to be the “sole criterion” for classifying these communities as OBCs, stating this practice as an affront to the Muslim community, treating them as a “commodity for political ends.”
Key Court Findings
The court’s judgment invalidated 77 classes of reservations granted between April 2010 and September 2010 and 37 classes created based on the 2012 Act. The court highlighted that the selection of these classes was done without proper consultation with the West Bengal Backward Classes Commission. Additionally, it struck down an executive order from May 11, 2012, that created several sub-classes within the OBC category.
The division bench, comprising Justices Tapabrata Chakraborty and Rajasekhar Mantha, clarified that executive orders classifying 66 OBC classes before 2010 were not interfered with, as they were not challenged. The court also nullified a 2010 executive order that increased OBC reservations from 7% to 17%, citing non-consultation with the commission.
Political Reactions
West Bengal Chief Minister Mamata Banerjee has vehemently opposed the ruling, stating that the OBC reservation system will continue in the state. She accused the BJP of using central agencies to conspire against the OBC quota. Banerjee affirmed that the Bill passed by the state government adhered to constitutional frameworks and indicated plans to appeal to a higher court if necessary.
Prime Minister Narendra Modi, on the other hand, lauded the court’s decision, calling it a “tight slap” to the opposition and criticizing their appeasement policies. He argued that the Opposition’s obsession with vote bank politics led to the unwarranted classification of Muslims as OBCs.
Implications for Lok Sabha Elections
The timing of this ruling could influence the sixth phase of the West Bengal Lok Sabha Elections on May 25, impacting constituencies such as Tamluk, Kanthi, Ghatal, Purulia, Bankura, Bishnupur, Jhargram, and Medinipur. The ruling may shift voter sentiment and affect the political landscape in these crucial constituencies.
NCBC Perspective
The National Commission for Backward Classes (NCBC) had previously indicated that West Bengal and Punjab had not fully utilized the under 50% cap for reservations. It recommended that West Bengal increase the OBC quota by 5% to bridge this gap.
Wrapping-up
The Calcutta High Court’s ruling has not only legal but also significant political ramifications. As the state government prepares to challenge the decision, the political discourse around OBC reservations and community classifications will likely intensify, potentially affecting upcoming elections and future policy decisions.
