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Questions Statutory Basis of West Bengal's Caste Certificate Reverification From
The on Tuesday cast doubt on the legal foundation of the West Bengal government’s decision to undertake a blanket reverification of all caste certificates issued on the basis of voter identity cards from onwards. While hearing a petition filed by the challenging the state’s administrative direction, a Division Bench of Acting Chief Justice Tapabrata Chakraborty and Justice Atarup Banerjee repeatedly pressed the state on the statutory authority for such a sweeping exercise, cautioning that the process must not prejudice genuine certificate holders.
Background: The Challenge
The controversy arose against the backdrop of the Special Intensive Revision (SIR) of electoral rolls in West Bengal. The state government had issued a circular directing the reverification of caste certificates that had been issued based on voter identity cards—specifically those from onward—as well as certificates issued through the Duare Sarkar scheme. The CPI(M) challenged the circular, arguing that it exceeded the state’s powers under the existing legal framework and risked creating social instability by subjecting thousands of legitimate beneficiaries to unnecessary scrutiny.
, appearing for the petitioners, clarified that he was not challenging the state’s inherent power to verify caste certificates in genuine cases of fraud or complaint. Instead, his objection was to the manner in which the state had chosen to initiate a mass review. “I have challenged the authority of the State to issue this notification. This is bad by . Entire memo is challenged,” Bhattacharya submitted.
State’s Position on Reverification
The West Bengal Advocate General explained the state’s rationale, noting that the government had sought information about the documents on the basis of which caste certificates were issued. He told the court that certificates had been granted to persons bearing surnames such as Ghosh and Bose—surnames not commonly associated with Scheduled Caste or Scheduled Tribe communities—which raised doubts about the genuineness of the underlying claims.
In an important clarification, the Advocate General submitted that deletion of a person’s name from the electoral rolls during the SIR exercise would not, by itself, result in cancellation of the caste certificate. “It is not absolute that if someone is deleted in SIR, his certificate would be taken away on that basis,” he assured the bench. However, he conceded that if, after reverification, such certificates were found to have been obtained fraudulently, they would be revoked “as per the law.”
Court’s Statutory Concerns
The bench, however, remained unconvinced about the legal basis for initiating reverification solely because a person’s name had been deleted from the electoral rolls. “But this is not a ground for reverification in terms of the statute,” the Court observed. The Division Bench noted that the existing statutory mechanism for cancellation or verification of caste certificates already provided adequate safeguards and that the state’s administrative direction could not override that framework.
When the Advocate General indicated that certificates identified through the state’s exercise could be revoked after reverification, the Court pointedly remarked that such a consequence was “not in the statute.” The AG responded that the process would still adhere to legal requirements, but the bench made clear that even if authorities picked up certificates from for scrutiny, any subsequent action “has to go through the rigours of the statute.”
Petitioner’s Argument Against Blanket Review
Bhattacharya argued forcefully that the state’s direction effectively instructed authorities to review every certificate issued from onward without any individual complaint or suspicion. “I am not saying there should not be reverification. You can wait for complaints. You cannot review all from . See the social instability created,” he submitted. He emphasized that the statute had already prescribed a method for quashing fraudulent certificates, and that method should continue to be followed rather than being replaced by a blanket administrative order.
The senior advocate also questioned the selective scope of the reverification, asking, “Why this dictation?” He pointed out that the circular specifically targeted certificates issued under the Duare Sarkar scheme, which could disproportionately affect poor and marginalized beneficiaries who often rely on such outreach programs.
Court’s Balanced Approach
The bench acknowledged that the petitioner was not seeking complete quashing of the circular at the interim stage, but rather a clarification of the legal basis. The Court observed that it was not inclined to interfere with the regular statutory process governing caste certificates. At the same time, it warned that staying the entire circular could prevent authorities from acting in genuine cases. “If the entire circular is stayed then authorities can't deal with genuine cases also,” the Court said.
Bhattacharya countered that even without the impugned circular, authorities could proceed against suspect certificates using the existing statutory machinery. The Court appeared to accept this point but refrained from issuing any , instead directing that any reverification or cancellation must strictly comply with statutory safeguards.
Implications for Genuine Certificate Holders
The case highlights a tension between the state’s desire to weed out fraudulent certificates and the need to protect genuine beneficiaries from unnecessary harassment. The Advocate General’s clarification that deletion from electoral rolls does not automatically invalidate a caste certificate offers some reassurance, but the court’s insistence on statutory rigour is equally significant. Legal experts noted that if the state’s exercise proceeds without proper oversight, it could lead to arbitrary cancellations and social unrest among communities that have historically relied on caste-based reservations.
The matter is listed for further hearing, with the court likely to examine whether the circular can be sustained in its present form. The case law reference is WPA(P)/300/2026, AND ANR. VS AND ORS. The outcome will have significant implications for how state governments conduct reverification drives and whether such administrative directions can override statutory procedures.
