OBC’s list in Bengal is being scruitnised

OBC LISTS IN WEST BENGAL: WHY THE SCRUTINY?

1. Background

  • National Commission for Backward Classes (NCBC) recommended exclusion of 35 communities (mostly Muslim) from West Bengal’s Central OBC list.
  • Recommendation made in January 2025, revealed in Winter Session of Parliament 2025.
  • Issue arises ahead of West Bengal Assembly elections (2026) and amid ongoing Supreme Court hearings on OBC classification.

WHICH COMMUNITIES ARE PROPOSED FOR EXCLUSION?

  • Communities were added to the Central OBC list in 2014.
  • Out of 37 communities,
    • 35 were Muslim communities
    • 2 non-Muslim: Devanga and Gangot
  • These communities were earlier included based on a 2011 NCBC recommendation.

WHY WERE THEY INITIALLY INCLUDED (2011)?

Role of State & NCBC (2011)

  • West Bengal State Commission for Backward Classes (2010) studied 46 communities.
  • Found them:
    • Socially backward
    • Educationally backward
    • Economically backward
    • Under-represented in public services
  • Erstwhile NCBC (Chair: Justice M.N. Rao) relied fully on State Commission findings.

Basis for Inclusion

  • Many communities:
    • Worked as manual labourers, barbers, bidi rollers, tailors, rickshaw pullers
    • Had origins in lower Hindu castes and later converted to Islam
    • Faced discrimination even after conversion
  • NCBC noted:
    • Some treated “like Scheduled Castes”
    • Separate Namaz arrangements in mosques
    • Hindu counterparts in other States already classified as OBC/SC

Contextual Reports

  • Sachar Committee (2006)
    → Muslims’ marginalisation comparable to SCs
  • Ranganath Mishra Committee (2007)
    → Dalit Muslims/Christians continue facing caste discrimination post-conversion
    → Recommended de-linking SC status from religion

WHY IS NCBC NOW SEEKING EXCLUSION?

Change in NCBC’s Stand (Post-2022)

  • New NCBC Chair: Hansraj Gangaram Ahir (BJP)
  • 2023: NCBC began scrutinising WB OBC lists
  • Raised concerns about:
    • “Suspicious inclusion”
    • “High number of Muslim communities”
  • Similar scrutiny initiated in Karnataka

Judicial & Political Developments

Calcutta High Court (May 2024):

Struck down inclusion of many Muslim OBCs

Held religion was sole criterion

Affected ~5 lakh OBC certificates

Supreme Court:

Stayed HC order

Asked State for quantifiable data on backwardness & representation

Despite stay, NCBC proceeded and in Jan 2025:

Recommended exclusion of 35 out of 37 communities

Is there a clash with 2011 NCBC?

Yes Clear Contradiction.

CONSTITUTIONAL & PROCEDURAL ASPECT

AspectNCBC (2011)NCBC (2022–25)
View on religionReligion not sole criterionReligion allegedly dominant factor
Reliance on dataAccepted State Commission findingsQuestions validity of earlier data
Political angleExplicitly rejectedImplied suspicion
ApproachNo fresh survey requiredFresh scrutiny undertaken

2018: Constitution (102nd Amendment) Act

• Gave constitutional status to NCBC

• Identification of Central OBCs now requires:

Parliamentary approval

Presidential notification

• Unlike 2014:

• Executive cannot unilaterally notify changes

WHAT NEXT?

• NCBC advice sent to Ministry of Social Justice & Empowerment

Union government yet to decide on amendment

• Any change now requires:

Parliamentary legislation

• NCBC has sent similar inclusion/exclusion advice for 8 other States

KEY ISSUES FOR UPSC

Religion vs backwardness debate

Quantifiable data requirement (Indra Sawhney + recent SC rulings)

• Federal tensions: State vs Centre

• Impact of 102nd Constitutional Amendment

• Politicisation of affirmative action

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