Why are OBC lists in West Bengal being scrutinised? | Explained

The recent scrutiny by the National Commission for Backward Classes (NCBC) into West Bengal's Other Backward Classes (OBC) lists, specifically recommending the exclusion of certain communities, predominantly Muslim, from the Central list, brings to the forefront critical aspects of India's social justice framework and federal structure. This development is not merely an administrative review but a significant constitutional and political event, highlighting the complexities of reservation policies.

To understand this, we must first delve into the background context of reservations in India. The concept of reservations for backward classes stems from the constitutional commitment to social justice and equality, aiming to rectify historical injustices and ensure adequate representation for socially and educationally backward sections of society. While reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs) were enshrined early on, the identification and reservation for OBCs gained significant momentum with the **Mandal Commission Report in 1980**. This commission recommended 27% reservation for OBCs in central government services and public sector undertakings, which was eventually implemented in 1990. The landmark Supreme Court judgment in **Indra Sawhney v. Union of India (1992)** upheld the OBC reservations but introduced the 'creamy layer' concept and stipulated that total reservations should not exceed 50%. This judgment also emphasized the need for an expert body to identify backward classes, leading to the establishment of the National Commission for Backward Classes (NCBC) as a statutory body in 1993.

The current controversy revolves around the NCBC's present stance on West Bengal's OBC lists. The Commission has recommended removing certain communities, primarily Muslim, from the Central list of OBCs. The core of the NCBC's concern appears to be the methodology and criteria used by the West Bengal government for including these communities. The NCBC, now a constitutional body under **Article 338B** (inserted by the 102nd Constitutional Amendment Act, 2018), has the mandate to examine complaints and inquire into specific matters relating to the deprivation of rights and safeguards of socially and educationally backward classes. Its recommendations carry significant weight. There is also a reported divergence between the current NCBC's approach and that of the erstwhile NCBC in 2011, suggesting a shift in interpretation or criteria for identifying backwardness.

Key stakeholders in this issue include the **National Commission for Backward Classes (NCBC)**, acting as the primary constitutional watchdog ensuring the integrity of OBC reservations. Its role is to protect the interests of OBCs and prevent arbitrary inclusions or exclusions. The **West Bengal Government** is another critical stakeholder, as it is responsible for identifying and notifying OBCs within its state for its own state list, which often influences the Central list. The **affected communities**, predominantly Muslim groups who stand to lose reservation benefits, are directly impacted, potentially facing socio-economic disadvantages if excluded. Lastly, the **judiciary** remains an overarching stakeholder, as any dispute arising from the NCBC's recommendations or the state government's response could eventually be challenged in courts.

This issue holds immense significance for India. Firstly, it touches upon the very fabric of **social justice** and the efficacy of reservation policies. Ensuring that reservations genuinely benefit the most backward and are not misused for political expediency is crucial. Secondly, it highlights the complexities of **federalism** and center-state relations, particularly when a central constitutional body scrutinizes a state's policy decisions. Thirdly, the debate around including religious communities in OBC lists often ignites discussions on **secularism**. While the Constitution prohibits reservations solely based on religion, socially and educationally backward sections within any religious community can be identified as OBCs. The challenge lies in ensuring that such identification is based on objective, caste-like backwardness, not merely religious affiliation.

From a historical and constitutional perspective, the foundation for identifying backward classes lies in **Article 340**, which empowers the President to appoint a commission to investigate the conditions of socially and educationally backward classes. The 102nd Constitutional Amendment Act, 2018, was a watershed moment, granting constitutional status to the NCBC, thereby elevating its powers and making its advice more authoritative. This also brought about changes in how states notify their OBC lists, requiring consultation with the NCBC. Articles **15(4), 15(5), and 16(4)** of the Constitution provide the enabling provisions for the state to make special provisions for the advancement of any socially and educationally backward classes of citizens.

The future implications of this scrutiny are far-reaching. It could lead to legal challenges from either the West Bengal government or the affected communities, potentially setting precedents for how state and central OBC lists are harmonized and reviewed. It may also prompt other states to re-evaluate their criteria for OBC identification, leading to a more standardized and robust process across the country. Ultimately, this episode underscores the continuous need for careful balancing between historical redressal, constitutional principles, and avoiding political manipulation in the pursuit of genuine social justice for all backward classes in India.