In a recent development that has sparked significant controversy, the West Bengal government is facing intense scrutiny. The state administration under Chief Minister Mamata Banerjee has been accused of improperly integrating the Muslim community into the Other Backward Class (OBC) quota. This move, allegedly done without thorough vetting, seems tailored to secure the minority vote bank for her party, the All Indian Trinamool Congress (AITC). This policy is not entirely new, as it appears to be a continuation—and an expansion—of the practices formerly enacted by the previous Communist Party of India (Marxist) regime. Currently, criticism is mounting against the AITC for hastily categorizing 77 castes, predominantly Muslim, under the OBC umbrella.

The situation took a legal turn when, on Wednesday (22nd May) this year, the Calcutta High Court made a decisive move by annulling the OBC certificates that had been issued to these 77 groups. The invalidation covers certificates distributed during a specific period, from 5th March 2010 to 11th May 2012, under both the Left and Trinamool Congress administrations.

In response to growing legal pressures, the West Bengal government lodged an affidavit with the Supreme Court, aiming to justify its actions. This was prompted by a directive from a bench headed by Chief Justice DY Chandrachud, which, in its 5th August order, requested a comprehensive explanation of the procedures used for these OBC inclusions. The affidavit submitted by the state, however, has only intensified the debate by exposing the seemingly blatant disregard for established norms, ostensibly to favor its Muslim electoral base. The details contained within the document shed light on a process that many have criticized as overly expedient and politically motivated, raising questions about the fairness and legality of the government's approach to caste classification in the OBC quota system.

Complex 3-tier process, but many red flags

According to the West Bengal government, the expansion of the OBC list was executed through what was described as a "complex three-tier process," which entailed conducting two surveys and holding a commission hearing by the Commission for Backward Classes. This detail was highlighted in a report by The Times of India. Despite these claims of thorough procedures, discrepancies have emerged, particularly concerning some Muslim groups for whom the process was startlingly swift. For these groups, the entire process was reportedly completed in less than a day—a timeline that starkly contrasts with the typical pace at which governmental procedures unfold, given the inherent complexities involved.

One striking example involved the Khotta Muslim community, which applied for OBC status on 13th November 2009. Remarkably, on that very same day, the West Bengal Commission for Backward Classes recommended their inclusion in the OBC list. A similar expedience was observed with the Jamadar Muslim group, which submitted their application on 21st April 2010, and were also granted OBC status immediately on the same day. The Commission demonstrated an unusually rapid response in other cases as well. For instance, the Gayen and Bhatia Muslim communities were recommended for inclusion within just one day. The Chutor Mistri Muslim community was added in four days, and about a dozen other Muslim groups were incorporated into the OBC list in under a month.

Further irregularities were noted in the survey processes themselves. For certain communities, such as the Kazi, Kotal, Hazari, Layek, Khas, and others, the sub-categorization surveys were completed in June 2015, intriguingly before any applications were even made by these groups to be recognized as OBCs. Some of these applications followed much later, even by a year or two. Despite these procedural anomalies, the West Bengal government maintained in its defense to the Supreme Court, “It was only after a detailed enquiry and/or upon consideration of the material before it in oral or documentary nature, that a final report on each of the 34 communities was prepared along with the final recommendation by the Commission.”

The affidavit by Abhijit Mukherjee, who serves as the additional secretary and ex-officio joint commissioner of reservation at the backward classes welfare department, outlines the procedural framework for incorporating communities into the Other Backward Class (OBC) list. According to the document, the process initiates with a community application that includes comprehensive data such as the name of the class, its population size, geographical concentration, and detailed social, educational, marital, occupational, and economic information. The state government emphasizes that this methodology rigorously follows the described three-tier system to ensure thorough evaluation and fair treatment of all applications.

Further detailing the procedure, the commission, either through its own members (prior to 2012) or via the Cultural Research Institute (CRI) and associated anthropologists (post-2012), carries out field surveys. These surveys are essential for gathering firsthand data and assessing the claims of the communities seeking OBC status. The public is informed about the hearing of the application, during which any opposition can be voiced. Comprehensive document reviews, polling of opinions, and evaluations of evidence are conducted during these public hearings. Based on this extensive scrutiny, the commission then decides to either approve or reject the application, a recommendation that is “ordinarily binding” on the state government. Following this, the proposal moves to the cabinet for final approval and is officially recognized in the state gazette upon authorization.

This meticulous description comes in light of the Supreme Court's directive on 5th August, which demanded that the West Bengal government provide a clear explanation of the processes used to classify 77 communities as OBCs between 2010 and 2012. The inquiry specifically asked for details regarding the types of surveys conducted to assess social and educational backwardness and the representation of these communities in state services. This Supreme Court action followed an appeal by Mamata Banerjee’s government against a Calcutta High Court decision that had revoked the inclusion of these communities in the OBC list for not adhering to established protocols. Notably, despite the appeal, the Supreme Court did not put a hold on the High Court's decision, allowing it to stand while further clarifications were sought.

Observations of Calcutta High Court

In a significant ruling made in May this year, a two-judge bench consisting of Justices Tapabrata Chakraborty and Rajasekhar Mantha took a decisive step by annulling the Other Backward Class (OBC) certificates that had been issued to 77 groups during the tenure of the Left and Trinamool Congress governments, from 5th March 2010 to 11th May 2012. The Calcutta High Court's decision was underpinned by observations concerning the West Bengal administration's reliance on the Sachar Committee Report of 2006. This report, which concluded that Muslims in India were in a more disadvantaged position than the Scheduled Castes (SCs) and Scheduled Tribes (STs), was used "extensively" by the state to substantiate the claims of backwardness among Muslims and to categorize them as OBCs. However, the High Court noted that the Sachar Committee Report lacked constitutional validity, thus questioning the foundation upon which these classifications were made.

The court also highlighted serious shortcomings in the state's processes, criticizing the West Bengal government-appointed Commission for its failure to conduct a detailed investigation into the social deprivation levels of the groups granted OBC status. The judges declared it unacceptable to recognize OBC categories between 2011 and 2022 based solely on the outdated Mandal Commission report, pointing out the need for current and accurate assessments.

Further compounding the issues, the Calcutta High Court remarked on legislative actions taken by the West Bengal government, such as the passing of the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012, which removed the Commission’s role in identifying new OBC groups. This act was described by the erudite judges as a “fraud on the Constitutional power of the State,” indicating a misuse of legislative powers for non-constitutional ends.

Moreover, the court criticized the collaboration between the University of Calcutta’s Anthropology Department and the previous Left government in using religious criteria to justify the inclusion of new OBC groups. The West Bengal administration was sternly rebuked for treating the Muslim community as a “political commodity” and leveraging this demographic to advance its political objectives.

In defiance of the Calcutta High Court’s ruling, Mamata Banerjee, the Chief Minister, strongly rejected the verdict, stating, “I don’t accept Calcutta High Court’s verdict. OBC reservation will continue as it is.” This was further complicated by a revelation from the National Commission for Backward Classes (NCBC) in June 2023, which found that OBC certificates had been improperly issued to Rohingyas and undocumented immigrants from Bangladesh in West Bengal. The NCBC's findings also highlighted a disproportionate representation of Muslim OBC castes in the state, despite Hindus being the majority population.

Background of the controversy

The genesis of the current controversy traces back to actions taken by the Communist Party of India (Marxist) [CPIM], which governed West Bengal prior to the Trinamool Congress (TMC). Between 1994 and 2009, the CPIM designated 66 classes as Other Backward Classes (OBCs), including about 12 classes from the Muslim community. In a move seen as politically motivated ahead of the 2011 elections, the CPIM government issued seven executive orders from 5th March to 10th September 2010, recognizing an additional 42 classes as OBCs, with 41 of these newly recognized classes being from the Muslim community. This significant inclusion enabled these groups to qualify for representation and reservations in jobs provided by the state government. Furthermore, in February 2010, the CPIM announced a 10% reservation specifically for Muslims in government positions, a step further cementing its commitment to accommodating its Muslim voting base.

Upon taking office in May 2011, Chief Minister Mamata Banerjee maintained the appeasement tactics of the previous Left regime. Her administration, through an executive order dated 11th May 2012, established 35 new classes as OBCs. Predictably, 34 of these classes were from the Muslim community. Thus, over just two years, both the Left and TMC administrations had added a total of 77 new classes—75 of which belonged to the Muslim minority—to the OBC categories. These groups were further segmented into two sub-categories by the Mamata Banerjee government: OBC A (More Backward) and OBC B (Backward), under the enactment of the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012.

The first legal challenge to these actions was initiated by a man named Amal Chandra Das on 18th January 2011. He contested the Left government’s decision to designate 42 castes as OBCs based solely on religious beliefs. He criticized the survey methodology used by the Commission, set up by the West Bengal government to assist in identifying OBCs, arguing that it was prefabricated and that the classification was not based on any reliable evidence.

From 2012 to 2020, Amal Chandra Das, alongside Purabi Das and Atmadeep, filed three additional petitions challenging the constitutionality of the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) Act, 2012, and several of its key provisions. These petitions were consolidated and heard simultaneously in the Calcutta High Court, which finally delivered its ruling on 22nd May.