SC Stays Calcutta HC Order Pausing New OBC List in Bengal

The apex court reaffirmed that reservations fall under executive functions, citing the Indira Sawhney judgment, and that legislative approval is not required to introduce such a list

- AGENCIES

The Supreme Court on Monday stayed a Calcutta High Court order that had paused the publication of the new Other Backward Class (OBC) list in West Bengal.

A Bench led by Chief Justice of India (CJI) B.R. Gavai termed the impugned Calcutta High Court order both "surprising" and "prima facie erroneous".

The Bench, also comprising Justices K. Vinod Chandran and N.V. Anjaria, disagreed with the Calcutta HC's view that the West Bengal government ought to have taken the state Assembly's approval before introducing the new OBC list.

"How can the Calcutta High Court pass a stay like this? Reservation is part of the Executive functions. This is the settled law right from the Indira Sawhney (judgment) that the Executive can do it. Executive instructions are enough for providing reservations and legislation is not necessary," remarked the apex court.