Reservation cannot be given on religious basis… Supreme Court bluntly, know the whole matter

New Delhi: The Supreme Court has said that reservation cannot be given on the basis of religion. The Supreme Court bench led by Justice BR Gavai made these oral remarks during the hearing of a petition by the West Bengal government. he/she said that reservation cannot be given on the basis of religion. The West Bengal government had challenged the Calcutta High Court’s decision that had canceled the classification of 77 communities (mostly Muslims) under the Other Backward Class (OBC) category.

Bengal government challenged the High Court order in SC

The West Bengal government has challenged the decision of the Calcutta High Court, which had declared illegal the granting of OBC status to several castes in West Bengal since 2010. In the decision of May 22, 2024, the Calcutta High Court had said that the inclusion of 77 Muslim communities in the OBC category was done on the basis of religion, which is illegal. Along with this, the reservation of 37 communities given under the West Bengal Backward Classes Act of 2012 was also cancelled.

Opinion: Understand why it is not easy to create a category of ‘Dalits among Dalits’ for ‘Reservation in Reservation’.

Sibal is presenting the side of Bengal government

Kapil Sibal appeared on behalf of the state government in the Supreme Court. Sibal said that reservation has not been given on the basis of religion, but on the basis of backwardness of the communities. Sibal said that the High Court struck down provisions like Section 12, which gives the state government the right to identify and classify castes. he/she also said that the High Court order could affect the rights of thousands of students and job seekers.

What did Kapil Sibal say in the Supreme Court?

Kapil Sibal demanded a temporary stay on this decision. he/she presented the side of the state government and said that reservation was not given on the basis of religion, but on the basis of backwardness. Sibal said that the minority population in West Bengal is 27-28 percent. Ranganath Commission had recommended 10 percent reservation for Muslims. For the Hindu community, 66 communities were declared backward classes.

Understand what the whole matter is

Sibal said that after this, backward classes were identified for the Muslim community, many of which were already included in the Central List or the Mandal Commission. The West Bengal government included 77 Muslim communities in the OBC category under the 2012 Act. When the matter went to the Kolkata High Court, the High Court cited the earlier decision of the Andhra Pradesh High Court and canceled the reservation given for Muslims.

Along with this, the High Court also canceled several provisions of the West Bengal Backward Classes (except Scheduled Castes and Scheduled Tribes) Reservation of Vacancies in Services and Posts Act, 2012. The court had said that there was also a lack of survey or data collection in the reservation process. Challenging the decision of the Kolkata High Court on behalf of the state government, Kapil Sibal argued that the reservation was given on the basis of backwardness, which has been previously accepted by the court.

Sibal said – Canceling reservation is inappropriate

Sibal said that this reservation comes under the jurisdiction of the executive and it is unfair to cancel it. In his/her argument against the state government’s argument, advocate PS Patwalia said that the reservation was given without any survey or data. he/she also alleged that soon after the then Chief Minister’s statement in 2010, reservation was given to 77 communities without consulting the Backward Classes Commission. The top court said that it will hear the matter in detail on January 7.

Reservation cannot be done on the basis of religion – Justice Gavai

Supreme Court Justice Gavai reiterated that reservation cannot be on the basis of religion. The court directed the West Bengal government to submit quantitative data of backwardness to prove that the new castes included in the OBC list are socially and economically backward.

The Supreme Court in August had directed the West Bengal government to submit data on the status of social and economic backwardness of the castes included in the OBC list and their inadequate representation in public sector jobs. The state government was also asked to state whether the West Bengal Backward Classes Commission was consulted before including the 37 castes in the OBC list.