SC To Hear West Bengal’s Plea Against Order Staying New OBC List On Jul 28

Supreme Court of India

The Supreme Court on Thursday agreed to hear on July 28 the West Bengal government’s plea challenging the Calcutta High Court’s order that stayed the state’s newly prepared list of Other Backward Classes.

A bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran scheduled the matter after senior advocate Kapil Sibal, representing the state, urgently mentioned the issue for listing.

Background

The controversy began in May 2024, when the Calcutta High Court quashed the inclusion of 77 communities in West Bengal’s OBC list. In response, the state government initiated a fresh process to identify and notify a new list of OBCs.

However, the High Court later stayed the implementation of this new list on June 17, stating that prima facie the state appeared to be reintroducing the same communities previously removed by the court.

State Government’s Stand

During Thursday’s proceedings, Sibal informed the Supreme Court that a writ petition had been filed in the High Court challenging the new OBC list. The petitioners argued that only a legislative process could notify OBCs, contradicting earlier constitutional rulings. Sibal contested this view, calling it inconsistent with settled legal principles.

He further pointed out that the state had been accused of contempt, even though it had merely followed legal procedure by preparing a fresh list. Urging the Supreme Court to stay the contempt proceedings initiated in the High Court, he maintained, “No contempt was made.”

CJI Gavai Refers To Indira Sawhney Ruling

In response, CJI Gavai referred to the landmark 1992 Indira Sawhney judgment, popularly known as the Mandal Commission verdict, in which it was held that the executive is empowered to identify and notify OBCs. This precedent, Gavai noted, had clarified that legislative action was not always mandatory for updating OBC lists.

The Supreme Court will now take up the matter on July 28, where it is expected to examine the validity of the High Court’s stay on the new list, as well as the legal authority of the executive to identify OBCs without separate legislation.

The West Bengal government has also filed a separate petition challenging the original May 2024 order that struck down the 77 communities from the OBC list. That petition is pending before the apex court.

Politically Sensitive Issue

The classification and inclusion of communities in the OBC list remains a highly sensitive issue, with significant social and political implications, especially in the context of upcoming elections and welfare policy planning.

The Supreme Court’s decision on this matter could have far-reaching consequences not only for West Bengal but also for how states across India identify and notify OBCs in the future.