The Supreme Court has given temporary relief to the West Bengal government in the case related to its new list of Other Backward Classes (OBCs). On Monday, the Supreme Court put a pause on an earlier order by the Calcutta High Court. That order had stopped the state government from going ahead with the new OBC list. The Supreme Court said that the High Court’s decision was “surprising” and possibly incorrect. It also said that deciding who should get reservation is the job of the government, not the courts.
The Bengal government had added many new communities to the OBC category. Between May 8 and June 13 this year, it issued several notifications that included 49 communities under OBC-A and 91 under OBC-B. OBC-A includes the more backward groups while OBC-B includes the less backward ones. These updates were based on new surveys and data collected by the state government to identify which communities still need help and support through reservation.
However, the Calcutta High Court had stopped the government from going ahead with these new additions. On June 28, a bench of two judges said that the notifications would not be valid till July 31. The court said that it needs more time to study the case. The matter had come up in the High Court because someone had filed a public interest petition (PIL). The petition argued that the state cannot decide the OBC list just through executive orders and a law must be passed by the state assembly. This created a legal conflict over how OBCs should be included.
The Bengal government went to the Supreme Court where a senior lawyer Kapil Sibal spoke on behalf of the state. He told the court that the High Court’s order was against existing laws and past court decisions. He explained that the Supreme Court had already made it clear in the famous Indira Sawhney case in 1992 that the government can use its powers to grant OBC status through executive action.
The Chief Justice of India, BR Gavai, agreed and said, “This is surprising. Since Indira Sawhney, the law is settled. The executive can grant reservations.”
The Supreme Court has now said that the High Court's order will be on hold for the time being. This means that the new OBC list made by the Bengal government can continue for now. The court will hear the matter again after two weeks. Until then, the matter remains undecided, but the state government has time to explain its actions.
Kapil Sibal also asked the Supreme Court to stop a contempt of court petition filed in the High Court related to this issue but the Supreme Court did not stay that part for now. It said it will deal with the main issue first.
This is not the only legal case related to OBC reservations in West Bengal. Earlier in May 2024, the Calcutta High Court had struck down the OBC status of 77 communities that were added between April and September 2010. It also questioned 37 more categories that were included based on the 2012 Reservation Act. The court said that the process used by the state government was not legal. That earlier order is also being challenged in the Supreme Court and is still pending.
The state government says it is trying to give opportunities to communities that are truly in need. But the opposition parties in West Bengal have accused the government of using reservations for political gain ahead of elections. This has made the matter not just legal, but also political.
With the Supreme Court’s latest decision, the Mamata Banerjee government has got temporary relief. Thousands of people who were recently included in the OBC list now have a chance to continue receiving benefits for the time being. Since the case is still being heard, the final result is yet to come.