Calcutta HC stays West Bengal’s new OBC list notification: Read how Mamata’s move opens a backdoor for religion-based quotas
In a significant blow to the Mamata Banerjee-led West Bengal government, the Calcutta High Court has issued an interim stay on the preparation and publication of a revised list of Other Backward Classes (OBCs) in the state. The decision comes in the wake of allegations that the new inclusions are heavily skewed along religious lines, defying constitutional principles and prior judicial rulings.
A division bench of Justices Rajasekhar Mantha and Tapabrata Chakraborty passed the order on June 14, halting the process until July 31, 2025, the next date of hearing. The court has also stayed the launch of a portal by the state for submission of caste certificates intended to enable mass inclusion in the updated OBC list.
The legal challenge
The petitioners contested the Mamata Banerjee government’s attempt to reintroduce and expand the OBC list—particularly the inclusion of groups whose earlier OBC status had been struck down by the court in 2023. The Calcutta High Court had then cancelled all OBC certificates issued post-2010, citing arbitrary and religion-motivated classifications. The state’s appeal to the Supreme Court was met with a strong reminder: reservations cannot be granted on the basis of religion.
Despite this, the state moved to recompile its OBC list, asserting that it had constituted a fresh commission and followed “scientific” surveys and legal norms.
Mamata’s claim vs her government’s numbers
Chief Minister Mamata Banerjee, in a recent Assembly session, strongly denied accusations of religion-based reservation, declaring:
“A section is trying to campaign that our government is giving reservation based on religion. This is baseless… There is no question of making the OBC list on the basis of religion.”
But her own government’s data tells a different story.
- Pre-2010 OBC List: 66 total classes
- Muslim: 11
- Non-Muslim: 55
→ Muslims comprised 20% of the OBC categories
- 2025 Additions (Total: 76):
- Part 1 (51 new classes): 46 Muslim (90%)
- Part 2 (25 new classes): 21 Muslim (84%)
→ Overall Muslim share in new inclusions: 86%
These figures are wildly disproportionate in a state where Muslims form approximately 27% of the population. The distortion raises alarming questions about vote-bank politics masquerading as social justice.
A backdoor for religion-based quotas?
The controversy deepened after the government increased OBC reservations from 7% to 17% on June 3—just days before the High Court stay. Critics argue that this move was tailor-made to benefit the newly included Muslim groups, turning the OBC quota system into a covert vehicle for religious appeasement.
While the CM emphasized procedural compliance and “scientific” methodology, the repetition of groups struck down in earlier court rulings suggests a blatant attempt to bypass constitutional scrutiny under a new guise.
Constitutional and judicial violations
Both the Calcutta High Court and Supreme Court have made it unequivocally clear that religion cannot be a basis for affirmative action. Yet, the West Bengal government appears to be testing the limits of judicial patience, reintroducing the same groups and processes that were earlier declared unconstitutional.
This isn’t just about poor governance — it’s about deliberate defiance. The move not only undermines court orders but also erodes the legitimacy of India’s caste-based reservation system, which was designed to uplift the socially and educationally backward, not religious communities for political mileage.
Vote bank appeasement disguised as social justice?
By disproportionately filling the OBC list with Muslim groups, Mamata Banerjee’s administration risks pushing genuinely backward Hindu, SC, and ST communities further to the margins. The principle of affirmative action is being diluted, not to help the underprivileged, but to cultivate electoral loyalty ahead of the 2026 Assembly elections.
If allowed to continue, this sets a dangerous precedent — where constitutional norms are ignored, and judicial verdicts are circumvented, all in the name of politically expedient “social justice.”
Mamata Banerjee’s repeated assurances that the OBC list is “not based on religion” now ring hollow in light of hard data and repeated court interventions. The Calcutta High Court’s stay is not just a legal pause — it’s a constitutional alarm bell.
This case isn’t merely about reservations; it’s about defending the integrity of India’s legal and democratic institutions. Unless reined in, this trend could fundamentally alter the nature of affirmative action, transforming it from a tool of empowerment to a weapon of vote-bank politics.
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