Supreme Court says reservation cannot be based on religion | Fusion - WeRIndia

The Supreme Court emphasized that reservations should not be granted based on religion while addressing pleas against the Calcutta High Court’s decision nullifying West Bengal’s OBC classification for 77 communities, mostly Muslims.

This observation comes as a broader constitutional question on using religion for quota allocation remains pending before a Constitution Bench.

The Calcutta HC had cancelled OBC certificates issued since 2010, citing religion as the sole criterion for granting OBC status to these communities.

The West Bengal government challenged this verdict, arguing that their classification was based on backwardness, not religion.

Senior Advocate Kapil Sibal, representing the state, stated that backwardness spans across all communities and highlighted the existence of supporting data.

Justice Gavai countered that proving backwardness requires quantifiable data.

Sibal assured the bench that such data existed and argued that the issue affects numerous individuals, including students.

He also noted that the HC heavily relied on an Andhra Pradesh High Court judgment which struck down a 5% quota for Muslim OBCs in 2005. However, Sibal pointed out that the Supreme Court stayed parts of the Andhra judgment, and the matter is still pending before a Constitution Bench.

Sibal also referenced the Ranganath Mishra Commission’s recommendation for reservations for Muslims and Dalit Christians.

Of the 77 communities recognized by West Bengal, 44 appear in the Central OBC list, and the rest were identified by the Mandal Commission.

Senior Advocate P S Patwalia, opposing the state’s argument, stated that no survey was conducted to establish backwardness.

He added that the Backward Classes Commission was bypassed, and reservations were granted based on a statement by the former Chief Minister in 2010.

The Supreme Court raised questions about the Calcutta HC striking down Section 12 of the West Bengal Act, which enables state classification.

The bench observed that enabling provisions cannot be nullified solely for potential misuse.

The SC refused interim relief and scheduled the next hearing for January 7, 2025.

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