Supreme Court Scrutinizes Religion-Based Reservation in West Bengal OBC Classification

Last Updated on December 10, 2024 by Amit Patra

In a landmark legal scrutiny testing the limits of affirmative action, the Supreme Court has turned the searchlight on an attempt by the West Bengal government to classify 77 communities, mostly Muslims, for reservations in the category of Other Backward Classes.
A bench of Justices BR Gavai and KV Viswanathan heard the plea of the state against the decision of the Calcutta High Court, which had quashed the OBC classifications on a very fundamental constitutional principle: reservation cannot be predicated solely on religious identity. Senior Advocate Kapil Sibal argued with aplomb that the reservation was based on community backwardness and not on religious demographics.
The judgment unfolds a complex saga of social categorization: After the Ranganath Commission recommended 10 percent reservation for Muslims, as many as 76 Muslim communities were identified as backward by the state’s Backward Commission. Sibal made the point that most of them were already on the Central OBC list and were covered under the Mandal Commission recommendations of the past.
There had been a categorical judgment from the High Court that reservation violated the constitution. The court found that with a view to implement election-eering promises, the Commission did not hold adequate enquiries nor did it invite public objections. Importantly, 41 out of 42 recommended classes were relating to Muslim Community, which meant religion masqueraded as backward class identification.
Indeed, Justice Gavai’s pointed observation-“reservation cannot be on the basis of religion”-cuts to the core of the constitutional challenge. Sibal, in response, cited the substantial minority population of 27-28% in West Bengal and argued that backwardness cuts across religious lines.
The litigation underlines a sensitive constitutional balancing act: how to address historical socio-economic disparities without slipping into new forms of discrimination. Deliberations in the Supreme Court promise critical guidance on the principles of affirmative action, social justice, and the constitutional mandate of equality.
While this has been adjourned, as the matter stands today, for a detailed hearing in January 2025, this is a watershed moment in the continuing debate in India on reservations, social justice, and the constitutional vision of inclusive governance.