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Reservation Must Not Be Based On Religion

Background:

The case stems from a policy by the West Bengal government to include several castes, largely from Muslim communities, in the State’s OBC list.

Relevance: GS 2 ( Polity and Governance ).

  • Supreme Court Observation: Reservation policies should not be based on religion.
  • West Bengal Appeal: The State of West Bengal appealed a Calcutta High Court judgment that invalidated its policy of including several Muslim communities in the State’s OBC list.
  • High Court Judgment: Concluded that religion was the sole criterion for declaring these communities as OBCs, which it deemed inappropriate.
  • Advocate’s Argument: Senior advocate Kapil Sibal contended that the inclusion was based on socio-economic backwardness, not religion.
  • Future Hearing: The Supreme Court scheduled the case for January7.
  • Survey Clarification: The Supreme Court previously asked West Bengal to explain the survey methods used to determine the communities’ social and educational backwardness and their underrepresentation in State public services.

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