The West Bengal government has formally amended its OBC reservation laws after the Assembly passed two Bills on Monday to implement the Calcutta High Court’s directions issued in 2024. The move marks a major change in the state’s reservation policy, including the removal of dozens of Muslim communities from the OBC list and a reduction in reservation benefits available under the category.
Two Bills Cleared To Revise OBC Framework
The Assembly passed the West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) Reservation of Vacancies in Services and Posts (Amendment) Bill, 2026 and the West Bengal Commission for Backward Classes (Amendment) Bill, 2026.
The amendments align the state’s reservation laws with the Calcutta High Court’s judgment and also modify the 1993 Act governing the West Bengal Commission for Backward Classes. While the BJP government had issued an executive notification in May to enforce the court’s directions, the legislative amendments had remained pending until now.
Government Says Survey Will Decide Future OBC Inclusion
Presenting the Bills in the Assembly, Backward Classes Development Minister Gourishankar Ghosh said the government had corrected what it described as irregular additions made by the previous Trinamool Congress government.
“As directed by the high court, all communities included in the OBC list without any survey by the former (Trinamool Congress) government-solely to offer undue advantage to Muslims-have been removed. Only 66 communities added after surveys have been retained.”
He added that the revised law would make the Backward Classes Commission central to the process of identifying eligible communities.
“The West Bengal Commission for Backward Classes will conduct surveys on the actual status of OBCs. The previous government completely bypassed the Commission. The Bills will also ensure that fake OBC certificates are not issued any more. This was rampant during the previous regime,” Ghosh said.
Reservation Cut To 7%, OBC List Reworked
Following the High Court’s ruling, the state government withdrew OBC recognition granted to 77 Muslim communities during the previous regime and revised the reservation quota from 10% to 7%.
The new notification recognises 66 communities as eligible for reservation in government jobs and services. Among the Muslim groups that remain on the list are Jolah (Ansari Momin), Fakir, Pahadia Muslim, Hajjam (Muslim) and Chowduli (Muslim). Communities such as Muslim Nehariya, Muslim Haldar, Muslim Mali, Ghosi (Muslim), Muslim Darji/Ostagar/Idrisi, Muslim Rajmistri and Muslim Molla are among those removed.
Court’s Observations Sparked Political Debate
The Calcutta High Court delivered its verdict in May 2024 while hearing petitions that questioned the process through which several communities had been granted OBC status after 2011. The petitioners argued that the additions were made without a proper assessment of social and economic backwardness.
In its judgment, the court made strong observations about the inclusion of the 77 Muslim communities.
“This court is of the view that the selection of 77 classes of Muslims as Backward is an affront to the Muslim community as a whole. This court’s mind is not free from doubt that the said community has been treated as a commodity for political ends. This is clear from the chain of events that led to the classification of the 77 classes as OBCs and their inclusion to be treated as a vote bank.”
The court further stated:
“Identification of the classes in the said community as OBCs for electoral gains would leave them at the mercy of the concerned political establishment and may defeat and deny other rights. Such reservation is therefore also an affront to democracy and the Constitution of India as a whole.”
The verdict had triggered sharp political reactions, with former Chief Minister Mamata Banerjee alleging that the judgment was influenced by the BJP.
The amendment Bills were passed with 186 MLAs voting in favour, while 17 legislators opposed the measures.