SC halts Calcutta HC order blocking Bengal’s new OBC list, calls reasoning "surprising"

The Supreme Court on Monday stayed the Calcutta High Court’s June 17 order that had restrained the West Bengal government from implementing its newly issued list of Other Backward Classes (OBCs). A bench comprising Chief Justice of India DY Chandrachud, Justice K Vinod Chandran, and Justice NV Anjaria issued the interim stay while hearing a Special Leave Petition filed by the State of West Bengal.

The bench expressed surprise over the High Court’s observation that the State should have introduced the revised OBC list through legislative amendment. CJI Chandrachud stated, “Reservation is part of the executive functions. This is the settled law right from Indira Sawhney, the position is that the executive can do it. Executive instructions are enough for providing reservations and legislation is not necessary.” The court added, “We are surprised... What is the High Court’s reasoning!”

Senior Advocate Kapil Sibal, appearing for the State, argued that the new OBC list was prepared based on a fresh survey conducted by the West Bengal Backward Classes Commission. He added that the High Court had not questioned the Commission’s methodology. Sibal further urged the Supreme Court to stay the High Court’s order, citing that appointments and promotions had been stalled and that contempt petitions were being filed as a result.

Senior Advocates Ranjit Kumar and Guru Krishnakumar, representing the respondents, opposed the stay. They contended that, under the State’s own law, the revised OBC list must receive legislative approval. They also raised concerns regarding the lack of supporting data. In response, the bench suggested the matter could be heard afresh by a new Calcutta High Court bench under a stipulated timeline, but the respondents indicated they would pursue their objections in the Supreme Court.

The Supreme Court ultimately issued notice in the matter and granted a stay on the High Court’s June 17 order. CJI Chandrachud noted orally that the High Court’s decision was “prima facie erroneous.” He added that while the Commission had followed a methodology to prepare the list, its correctness would be reviewed during final proceedings. The new OBC list was issued after the Calcutta High Court in May 2024 struck down the inclusion of 77 communities, prompting the State to initiate a fresh identification exercise.