Paromita Das
New Delhi, 10th June: As West Bengal approaches a critical juncture in its political and social trajectory, a major decision by the Mamata Banerjee-led government has ignited statewide debate and legal scrutiny. In a move that merges policy with politics, the state government recently finalized a fresh survey on Other Backward Classes (OBC), proposing the inclusion of 140 additional sub-groups into the category—just ahead of the crucial 2026 Assembly elections. While this development is being hailed as progressive by the ruling Trinamool Congress (TMC), the opposition and judiciary have raised concerns about its constitutional and political underpinnings.
The updated OBC report, formulated with inputs from the West Bengal Backward Classes Commission (WBCBC) and cleared by the state cabinet, is expected to be formally tabled in the Assembly during the monsoon session starting June 9. Despite the proposed expansion, the existing 17% OBC reservation quota will reportedly remain unchanged. However, it is the demographic composition of the newly recommended groups—and the political timing of the decision—that has led to controversy.
Understanding the Current OBC Framework in West Bengal
According to the existing classification, West Bengal’s OBC quota is split into two groups. OBC-A, which carries a 10% reservation, includes 81 communities, 56 of which are Muslim. OBC-B, covering 7% of the reservation, contains 99 communities, 41 of which are from the Muslim community. Together, Muslims constitute 97 out of 180 listed OBC communities, or approximately 54% of the entire reserved category.
The proposed inclusion of 140 new sub-groups—while the specifics remain unreleased—has heightened concerns that Muslim representation in the OBC list may increase further. Opposition leaders fear that this could come at the cost of underrepresented Hindu and tribal communities, intensifying competition for already limited educational and employment opportunities.
Political Timing and Administrative Justification
The government defends the expansion as a corrective step to address decades of socio-economic marginalization. Officials assert that the decision was informed by a “three-tier process,” involving two rounds of surveys and a public hearing conducted by the Backward Classes Commission. A senior TMC leader admitted, off the record, that political calculations were not entirely absent, citing the need to repair the party’s image following administrative confusion after previous OBC certificates were declared invalid.
The measure has received backing from some within the TMC. Rajya Sabha MP Samirul Islam called it “historic,” claiming it will set a new standard for inclusive governance. The move also appears to resonate with certain rural and minority segments of the population, many of whom view reservation as the primary channel to access education and public sector employment.
BJP’s Opposition and Transparency Concerns
The Bharatiya Janata Party (BJP), the primary opposition force in the state, has strongly criticized the inclusion, calling it a form of “appeasement politics.” BJP MP Manoj Tigga voiced skepticism about the transparency of the process and accused the government of religiously motivated policymaking. He warned that prioritizing religion over social backwardness could deprive genuinely disadvantaged non-Muslim groups of their rightful share in state support.
The BJP has also warned that such steps could provoke social division, and has demanded that all OBC classifications be strictly merit-based and constitutionally compliant.
Calcutta High Court’s Verdict and Legal Setback
In a landmark ruling, the Calcutta High Court last year struck down OBC certificates issued to 77 groups by the Left and TMC governments between March 2010 and May 2012. Over 5 lakh OBC certificates were declared invalid. The two-judge bench, comprising Justices Tapabrata Chakraborty and Rajasekhar Mantha, noted procedural and constitutional violations.
The court criticized the state’s reliance on the Sachar Committee Report (2006), which had claimed Muslims were socio-economically worse off than Scheduled Castes and Scheduled Tribes. While often used to justify minority welfare policies, the High Court emphasized that the Sachar Committee lacked constitutional sanction, as it was created by the PMO rather than under Article 340 of the Bharatiya Constitution, which exclusively empowers the President to appoint a Commission for backward classes.
The ruling further stated that the government had sidestepped mandatory consultations with the Backward Classes Commission, violating Article 16(4) of the Constitution. The judges characterized the legislative process as “fraudulent” and the 2012 Act as being enacted with the “oblique purpose” of bypassing constitutional safeguards.
Balancing Welfare with Constitutional Integrity
The debate around the expanded OBC list highlights a broader national tension—between affirmative action for marginalized communities and concerns over political opportunism. While Muslims in West Bengal, particularly in rural districts, do show signs of educational and economic disadvantage, any policy extending benefits must be founded on data-backed, constitutionally valid procedures.
The state’s reliance on reports not sanctioned under Article 340 weakens its legal position, and undermines the credibility of the reservation system itself. In the long run, politicizing backward-class status can lead to resentment among communities and deepen existing social cleavages.
A Test of Governance Before 2026
As the Assembly session nears and the survey report is formally presented, the Mamata Banerjee government faces a dual challenge: proving that its OBC expansion is rooted in fairness and law, while convincing the public that it is not merely an electoral ploy.
The controversy will likely shape political narratives leading up to the 2026 elections. For the state’s citizens—especially those from disadvantaged backgrounds—the hope remains that affirmative action policies will be implemented with transparency, inclusivity, and constitutional integrity, rather than as tools of political consolidation.