Bengal assembly passes OBC reservation amendments, Muslim sub-groups reduced
What's the story
The West Bengal Legislative Assembly has passed two amendment bills to revise the state's OBC reservation laws. The new laws reduce the number of communities eligible for reservations from 113 to 66, with a significant reduction in Muslim sub-groups. The amendments were passed amid opposition from rebel Trinamool Congress MLAs and a walkout by some members.
Political controversy
BJP's allegations against previous Trinamool government
The Bharatiya Janata Party (BJP) has accused the previous Trinamool Congress government of extending OBC benefits disproportionately to Muslim communities. The party had alleged that several socially and educationally backward Hindu groups were overlooked. After coming to power, the BJP-led government scrapped OBC status for 77 Muslim communities and reduced reservation quotas from 17% to 7%.
Justification
No political motives in amendments, says minister
State Backward Classes Development Minister Gourishankar Ghosh said the amendments were in line with Calcutta High Court directions and denied any political motives. He said, "We have removed 113 classes included earlier without conducting any field survey, and retained 66 sub-classes, which were included following various surveys." The Backward Classes Commission will now conduct inquiries into inclusion requests and make recommendations to the state government.
Court intervention
Calcutta High Court ruling on OBC status
In May 2024, the Calcutta High Court struck down OBC status and certificates issued to 77 additional communities added between 2010 and 2012. The court ruled these inclusions illegal and unconstitutional, canceling around 12 lakh OBC certificates issued after 2010. However, it protected the jobs of those already employed under the quota. The court also ruled that certificates issued before 2010 remain valid.
Legal provisions
Key features of amended laws
The amended laws empower the state government, in consultation with the Commission, to classify OBC citizens into different categories based on social and educational backwardness. It also allows citizens to apply for inclusion in the OBC list and submit complaints regarding over-inclusion or under-inclusion. The tenure of commission members remains three years, but the government decides on the term of the Member-Secretary, who would be a serving government official.