Karnataka, India: On April 13, the Supreme Court agreed to list a petition seeking to challenge the Karnataka Government’s decision to scrape off the 4 percent reservation provided to Muslims under the Other Backward Classes (OBC) category.
Senior Advocate Kapil Sibal told the Court that he had mentioned that matter before a different bench. Chief Justice DY Chandrachud said that the matter was not listed due to certain defects in his petition. Then, Kapil Sibal informed the Court that all defects have been cured, after which the CJI agreed to list his petition. It is pertinent to note that Karnataka Assembly Elections are scheduled to be conducted in May 2023.
Karnataka Government Scrapes Quota on Religious Ground
On March 26, Union Home Minister Amit Shah endorsed the decision of the BJP-led Karnataka Government and asserted in unambiguous words that there is no provision in the Constitution to provide reservations on the basis of religion.
While addressing a rally in poll-bound Karnataka’s Bidar, the Home Minister slammed the Congress for providing reservations on the basis of religion. He said that the reservation for Muslims introduced by the previous Congress-led Government was not as per Constitution.
“Congress Government due to its polarisation politics provided reservation to the minority. Reservations provided to the minority were not as per Constitution. There is no provision in the Constitution to provide reservation on the basis of religion,” the Home Minister said.
In its last Cabinet meeting before the polls, the Basavaraj Bommai Government on March 24 scrapped the four per cent OBC reservation for Muslims and distributed it to two communities – Veerashaiva-Lingayats and Vokkaligas.
The Cabinet decided to move OBC Muslims to the 10 per cent Economically Weaker Section (EWS) category. Amit Shah maintained that the Congress party had provided reservation to the minority as part of its polarisation politics. “The BJP scrapped that reservation and provided reservations to Vokkaliga and Lingayat communities,” he said.
Constitutionality of Muslim Quota
Article 15(4) of the Constitution of India states, “Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.” Therefore, the Government could make special provisions for ‘socially and educationally backward classes of citizens.’ However, a question arises whether the Muslim community as a whole constitutes ‘socially and educationally backward classes.’
It is pertinent to note that the National Commission for Backward Classes once advised the Government of India that the “Muslim community is not a socially homogenous class or community, and that many of the Muslim groups or sections among Muslims enjoy high social status.”
It is also pertinent to note that Justice VVS Rao once said, “It needs no emphasis that reservations under Articles 15(4) and 16(4) result in a reduction in the number of seats available, in academic courses and posts in public services, on the basis of merit. There is every need, therefore, to ensure that only “the backward classes” and none else are extended the benefits of such reservation.”
Furthermore, the Andhra Pradesh Government, in the year 2005 had attempted by way of an ordinance, to grant reservations for the Muslim community. The ordinance was struck down and declared unconstitutional by a five-judge bench of the Andhra Pradesh High Court. The appeal from that decision is still pending in Supreme Court and is yet to be heard on merits.
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