The Supreme Court has deferred its hearing on petitions challenging the Calcutta High Court's ruling that annulled the Other Backward Classes (OBC) status granted to several castes in West Bengal since 2010. The hearing is now rescheduled for January 28 and 29. A bench led by Justice B.R. Gavai and Justice Augustine George Masih decided to adjourn the case to allow for a more detailed hearing.
During the proceedings, Solicitor General Tushar Mehta informed the court that the National Commission for Backward Classes (NCBC) had filed an affidavit, which is under consideration. Senior advocate Kapil Sibal, representing the West Bengal government, also made submissions regarding the implications of the High Court’s ruling.
On May 22, 2023, the Calcutta High Court struck down the OBC status granted to 77 communities in West Bengal between 2010 and 2010, citing the religious basis for granting the status as unconstitutional. The court emphasised that OBC status should be based solely on social and economic backwardness, not religion. The court also clarified that the ruling would not affect individuals already employed in government services or those who have previously benefitted from reservation, ensuring their rights remain intact.
The Supreme Court will now assess the constitutional validity of the High Court’s decision, which has sparked a debate over the intersection of religion and reservation policy. The ruling raises significant concerns, especially regarding the socio-economic development of these communities in the state.
The West Bengal government has argued that the state should retain the power to decide OBC status based on its unique socio-economic landscape. Meanwhile, the case has attracted attention from political and social groups who fear that removing OBC status may adversely impact these communities' access to educational and employment opportunities.
The upcoming hearings in January 2024 are expected to clarify whether the High Court’s decision aligns with the Constitution's guarantees of equality and social justice, as well as the future of OBC reservations in West Bengal. The verdict could have lasting implications for India’s affirmative action policies, especially in the context of balancing social justice and religious considerations.
