The Supreme Court has remarked that “reservation cannot be based on religion” while hearing West Bengal’s appeal against the Calcutta High Court’s decision to quash the Other Backward Classes (OBC) classification of 77 communities, 75 of them were Muslims.
Representing the State, Senior Advocate Kapil Sibal clarified that the reservation was based on backwardness, not religion.
“This reservation is not based on religion but backwardness which has been upheld by the Court. Even for Hindus, it’s based on backwardness,” Sibal stated. He highlighted that West Bengal’s minority population stands at 27-28 percent.
Sibal argued that the Ranganath Commission recommended a 10 percent reservation for Muslims, and several communities within the 77 identified as OBCs are already included in the Central List or Mandal Commission.
However, the High Court struck down these classifications, citing improper processes, including alleged political influence and bypassing the Backward Classes Commission.
Responding, Justice B R Gavai questioned the High Court’s decision to invalidate Section 12 of the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012.
“Right from Indira Sawhney, it was held that it is the power of the executive to identify and classify. How can a provision in the statute be struck down which grants the state the power?” Justice Gavai asked.
Senior Advocate P S Patwalia, appearing for the respondents, contended that the reservations were introduced hastily following a political statement by the then Chief Minister in 2010, without adequate surveys or data.
The Calcutta High Court, in its August ruling, criticized the State and Commission for acting “in undue haste” to implement religion-specific reservations under political pressure. It stated that 41 of the 42 newly classified OBC groups belonged to the Muslim community, and no notification inviting public objections was issued.
Sibal defended the State’s actions, citing quantifiable data and noting that approximately 12 lakh OBC certificates were canceled following the High Court’s judgment. He emphasized the widespread impact on affected communities and students.
The Supreme Court adjourned the matter for a detailed hearing on 7 January 2025.
