Bengal to Re-do OBC Survey

Aakhir Tak – In Shorts

West Bengal government to conduct a fresh OBC survey in three weeks.
Calcutta High Court objected to the inclusion of Muslim communities.
The High Court stated religion appeared to be the sole criterion.
Mamata Banerjee government faces criticism over its next move.
The survey will include communities added between 2010 and 2012.

Aakhir Tak – In Depth

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OBC Survey in West Bengal: Controversy Over Inclusion of Muslim Communities

The West Bengal government informed the Supreme Court that it would be conducting a fresh survey to identify the Other Backward Classes (OBCs) in the state and finish the exercise in three weeks. Inclusion of several Muslim communities in the state’s revised list of OBCs has sparked controversy, with even the High Court agreeing that “religion indeed appears to be the sole criterion” for their inclusion in the list. Here is what the row is all about and what the Mamata Banerjee-led government proposes to do next. OBC Survey should be fair.

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The case has its origins in the West Bengal government’s move to add 77 communities, 75 of which were Muslim, between 2010 and 2012 to its list of OBCs. The additions sparked allegations of political appeasement of the minority community and the matter reached the Calcutta High Court, which in 2024 struck down the additions.

For starters, several Muslim communities feature in the OBC lists of centers and states.

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Going by West Bengal’s submission in 2024, it said it followed a three-tier procedure to include the castes but completed the exercise in less than 24 hours in the case of certain Muslim communities, according to a report in The Times of India from last year.

Here’s the entire story in five points to explain its significance and the controversy. OBC Survey is important.

1. What West Bengal Told the SC on the OBC List

The West Bengal government on March 18 told the Supreme Court that it would be conducting a fresh exercise to determine which communities will be included in its OBC list. It said the exercise would be completed in three months. A two-judge bench of Justices BR Gavai and AG Masih allowed Bengal the time and posted the matter for July.

The Bengal government brought the matter to the Supreme Court after the High Court ordered the scrapping of all certificates issued in the state since 2010.

Hearing Bengal’s appeal in December 2024, Justice Gavai remarked “reservation cannot be on the basis of religion”, according to The Indian Express.

2. Why Calcutta High Court Scrapped OBC Certificates

In May 2024, the Calcutta High Court, while hearing a PIL, termed the new OBC list “illegal”. It has scrapped all OBC certificates issued in Bengal since 2010, when the 77 communities were added. OBC Survey should be done again.

The court directed that a fresh list be prepared by the West Bengal Commission for Backward Classes.

The HC, however, clarified that its order wouldn’t affect those from the ejected classes who had already benefited by the reservation process. It also added that the order didn’t interfere with the state’s executive orders, classifying 66 classes of OBCs before 2010.

3. Politics Over Court Decision on Bengal OBC List

Mamata Banerjee, West Bengal Chief Minister and Trinamool Congress chief, alleged political motivation for the HC ruling.

“We do not accept the order that scrapped OBC certificates. We will contest at a higher court after the summer vacation,” Mamata said at a rally, two days after the verdict.

It was the time of the 2024 general election. OBC Survey should not be politicized.

“I respect the courts, but a few judges are only following the diktats of the BJP and the CPI(M),” she added.

Meanwhile, Union Home Minister Amit Shah welcomed the high court verdict and said that Mamata Banerjee wants to rob the reservation of backward classes for her vote bank and give that reservation to Muslim castes.

“Mamata Banerjee gave OBC reservation to 118 Muslim castes without any survey. Mamata Banerjee wants to rob the reservation of backward classes for her vote bank and give that reservation to Muslim castes,” Amit Shah told news agency ANI, “welcoming” the HC order.

The BJP has alleged that the Mamata-led government was using the quota system for vote-bank politics.

4. How Communities Are Added to the OBC List

In August 2024, the Supreme Court asked the West Bengal government to explain the process of how it selected the 77 communities to be added to the state’s list for OBC reservations.

The process has been explained by Abhijit Mukherjee, additional secretary and ex-officio joint commissioner of reservation at backward classes welfare department, in an affidavit filed with the Supreme Court.

The three-tier process includes two surveys and a hearing by the West Bengal Commission for Backward Classes.

The process starts as individuals apply to be included in the OBC list, wherein details like the name of the class, size of its population, and economic data are provided, according to a report in The Times of India.

The application is followed by field surveys during which public notice is issued on the application as well as objections to the claim. At the hearing, the commission examines the survey material and decides whether to accept or reject the application. If the plea is accepted, the report says, the matter is taken up by the state Cabinet, which approves it.

5. What Is the Issue of Bengal’s OBC Additions?

Earlier in March, BJP General Secretary Jagannath Chatterjee said the benchmark sample survey would benefit Muslim OBCs at the expense of Hindu OBCs. OBC Survey is very important.

“The TMC government is conducting a benchmark sample survey on backward classes with the intention of diverting resources towards Muslim OBCs. This is a clear attempt at appeasement under the guise of welfare,” he said.

The allegations stem from the fact that earlier, between 2010 and 2012, 75 of the 77 additions were from Muslim communities. That it was done on the basis of religion was what the HC ruled. The SC then said that reservation benefits couldn’t be granted on the basis of religion.

What actually came out of the response filed by the Bengal government was a rush job in adding some of the Muslim communities to the list.

“The Khotta Muslim community made an application on November 13, 2009, and on the same day, the West Bengal Commission for Backward Classes recommended its inclusion in the OBC list,” according to a TOI report from 2024 based on the state’s affidavit.

The affidavit revealed that recommendations to include Gayen (Muslim) and Bhatia Muslim communities were also given in a day, while it took less than a month for about a dozen other Muslim communities.

The question is, if the three-tier process of two surveys and a hearing was followed, how did the community make it to the list in a day?

Now, the Bengal government has proposed in the Supreme Court to complete a fresh survey within three months. It will be clear how many communities, and especially those added to the OBC list since 2010, actually make the cut.

Aakhir Tak – Key Takeaways to Remember