West Bengal Assembly Approves OBC Law Amendments, Recognises 66 Communities
The Bengal Legislative Assembly on Monday (29th June 2026) passed two Bills that overhaul the state’s Other Backward Classes (OBC) reservation framework, bringing it in line with the Calcutta High Court’s May 2024 judgment that struck down the inclusion of 77 additional communities in the OBC list. The legislation recognises 66 communities as eligible for reservation and reduces the OBC quota in government services and posts from 17 per cent to 7 per cent, while introducing a revised mechanism for future inclusion of backward communities.
The Bills—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—were passed after a division of votes. A total of 186 MLAs voted in favour, 17 opposed the legislation and six abstained. The voting followed a request for division by Opposition members who sought a reference of the Bills to a select committee.
The proceedings were marked by a walkout by a section of ruling party legislators before voting, while the remaining members of the treasury benches stayed back and supported the amendments.
The legislation gives statutory backing to the State government’s decision to retain 66 communities that had been recognised in the OBC list prior to 2010, while removing 113 communities that, according to the government, had been included without the mandatory field surveys and recommendations of the statutory commission. The revised framework replaces the earlier reservation structure of 10 per cent under OBC Category A and 7 per cent under OBC Category B, introducing a unified 7 per cent reservation for the recognised communities.
The amendments are rooted in the Calcutta High Court’s judgment of May 2024, which invalidated the inclusion of 77 additional communities, most of which had been added between 2010 and 2012. The court held that the process violated constitutional requirements because the inclusions had not been preceded by recommendations of the West Bengal Commission for Backward Classes. It cancelled nearly 12 lakh OBC certificates issued after 2010, while protecting appointments already secured under the reservation policy. Certificates issued before 2010 were allowed to remain valid. (Sea also Guidelines for issuance of OBC Certificate in West Bengal)
Following the judgment, the Backward Classes Welfare Department issued a notification on May 19 discontinuing religion-based categorisation and restoring the eligibility of 66 pre-2010 communities for reservation in State services and posts. Monday’s legislation provides the statutory foundation for that decision.
The amended law authorises the State government, in consultation with the West Bengal Commission for Backward Classes, to determine reservation percentages for different OBC categories on the basis of the extent of social and educational backwardness. It also provides that reservation percentages may be revised periodically, subject to the condition that the overall reservation in public employment shall not exceed 50 per cent.
The amendment to the West Bengal Commission for Backward Classes Act, 1993, expands the Commission’s statutory role by allowing citizens to apply directly for inclusion in the OBC list. The Commission will examine applications, conduct inquiries and field studies where necessary, and submit recommendations to the State government. It will also examine complaints relating to the over-inclusion or under-inclusion of communities before advising the government on any revision of the list.
The law fixes the tenure of Commission members at three years, while leaving the tenure of the Member-Secretary, who will be a serving government official, to be determined by the State government.
During the debate, the government maintained that the amendments were intended solely to comply with judicial directions and to restore the statutory role of the Commission in identifying backward communities. It argued that future inclusions would be based on field surveys and recommendations of the Commission rather than executive decisions.
The revised OBC list retains 66 approved communities, including Jolah (Ansari Momin), Fakir, Pahadia Muslim, Hajjam (Muslim) and Chowduli (Muslim). The 77 communities whose inclusion was invalidated by the High Court continue to remain excluded. Among them are Muslim Nehariya, Muslim Haldar, Muslim Sanpui, Muslim Mali, Ghosi (Muslim), Muslim Darji/Ostagar/Idrisi, Muslim Rajmistri, Muslim Batiyara, Muslim Molla and Dhali (Muslim).
The present legislative exercise marks the latest chapter in the evolution of West Bengal’s reservation policy. In 2010, the State expanded OBC reservations by introducing 10 per cent reservation for communities classified under OBC-A, identified as economically, socially and educationally backward, while communities under OBC-B continued to receive 7 per cent reservation. The policy was based on recommendations of the National Commission for Religious and Linguistic Minorities, whose report was tabled in Parliament in December 2009.
Before the additions made between 2010 and 2012, the State’s OBC list comprised 108 communities, of which 53 were Muslim communities. The subsequent inclusion of 77 additional communities became the subject of prolonged litigation, culminating in the High Court’s intervention in 2024, which held that the statutory procedure for identifying backward classes had not been followed.
Alongside the OBC amendments, the government introduced the West Bengal Public Safety and Control of Anti-social Activities Bill, 2026, proposing preventive detention of up to 12 months without trial in specified cases involving riots, organised violence and other anti-social activities.
According to the government, the proposed legislation seeks to address gaps in the existing legal framework by enabling authorities to recover the cost of damage to public and private property from those found responsible for violence, directly or indirectly. It argued that the present laws do not adequately provide for such recovery and maintained that the Bill is intended to deal with organised anti-social activities rather than political dissent.
While the public safety Bill has been introduced for consideration, the passage of the twin OBC amendment Bills marks a significant restructuring of West Bengal’s reservation policy. By restoring the central role of the statutory Commission, revising the reservation framework and aligning the law with the High Court’s directions, the legislation reshapes the legal process governing the identification of backward classes and reservation in State government employment.
Read also:
- State-wise Muslim OBCs in Indian Central List (24/08/2010)
- Checklist for Muslim OBCs whose names were scrapped by CHC
- Muslim OBCs in West Bengal: State List (Before 2026 Amendment)
- Other Backward Classes (OBCs) in West Bengal (Before 2026 Amendment)
Sarvarthapedia Conceptual Network: Bengal Assembly Passes OBC Amendment Bills 2026
West Bengal OBC Reservation Reforms (2026)
- Linked to Other Backward Classes (OBC)
- Linked to Reservation Policy in West Bengal
- Linked to West Bengal Legislative Assembly
- Linked to Calcutta High Court Judgment (May 2024)
- Linked to West Bengal Commission for Backward Classes
- Linked to Constitutional Law and Affirmative Action
- Linked to Public Employment Reservation
- Linked to Backward Class Identification Process
Legislative Cluster
West Bengal Backward Classes (Other than Scheduled Castes and Scheduled Tribes) (Reservation of Vacancies in Services and Posts) (Amendment) Bill, 2026
See also:
- Constitution of India
- OBC Reservation In India
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- Reservation Percentage
- Social and Educational Backwardness
- West Bengal Legislative Assembly
- State Reservation Laws
- Public Employment Policy
West Bengal Commission for Backward Classes (Amendment) Bill, 2026
See also:
- West Bengal Commission for Backward Classes Act, 1993
- Statutory Commissions
- Community Inclusion Process
- Backward Class Surveys
- Administrative Law
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West Bengal Commission for Backward Classes Act, 1993
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Calcutta High Court Judgment (May 2024)
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Reservation Policy Cluster
Other Backward Classes (OBC)
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Reservation in Government Services
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Social and Educational Backwardness
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Historical Development Cluster
Evolution of OBC Reservation in West Bengal
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- 1993: Establishment of the Backward Classes Commission
- December 2009: National Commission for Religious and Linguistic Minorities report tabled
- 2010: Expansion of OBC-A and OBC-B reservation
- 2010–2012: Inclusion of additional communities
- May 2024: High Court judgment
- May 19, 2026: Administrative notification restoring 66 communities
- 2026: Passage of amendment Bills
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Community Surveys
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Administrative Cluster
West Bengal Commission for Backward Classes
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Backward Classes Welfare Department
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OBC Certificates
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Community Inclusion Process
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Bengal Legislative Assembly
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Affirmative Action
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Social Justice
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West Bengal Public Safety and Control of Anti-social Activities Bill, 2026
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- Community Classification
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