Prime Minister Narendra Modi said that the Congress has tried to reduce the reservations for Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs) and give it to Muslims in defiance of the Constitution.
Reservations for Muslims
Several Muslim communities are entitled to the OBC reservation at the central and State levels.
This stems from Article 16(4) of the Constitution, which guarantees reservations for a “backward class of citizens, which in the opinion of the State, is not adequately represented in the services under the State.”
The third Backward Class Commission headed by Justice O. Chinnappa Reddy in its report categorised Muslims as “educationally and socially backward” and further concluded that the economic plight of Muslims is close to that of the SCs in many educational parameters.
Accordingly, it recommended exclusive educational reservation for Muslims under Article 15 (4) of the Constitution.
In 2006, the Justice Sachar Committee report arrived at similar conclusions.
Importantly, OBC reservations exclude the “creamy layer” (₹8 lakh annual income or more) — members of backward classes who are better off socially, educationally or economically.
This means socially progressive and affluent Muslims are not entitled to this benefit. The quota also differs from State to State.
In Kerala, out of the 30% OBC quota, Muslims are entitled to 8% in educational institutions and 10% in government jobs.
Tamil Nadu provides reservations to close to 95% of its Muslim communities.
In Bihar, where OBCs have been divided into backward and most backward classes, Muslims fall into the latter category.
Andhra Pradesh quota
In Andhra Pradesh, where Muslims constitute 9.5% of the population, certain sects such as the Dudekula, Laddaf, Noorbash, and Mehtar have OBC quotas ranging from 7% to 10%.
This reservation is being implemented under a separate category of OBCs known as BC-E, without cutting into the existing OBC quota.
However, there has been a push to include all Muslims in the OBC category following the precedents in Karnataka and Kerala.
Dalit Muslims’ demand for SC quota
A claim for inclusion under the SC quota has been made by Dalit Muslims.
However, the Centre has opposed such a plea before the Supreme Court by alluding to the seeming “foreign” origins of Islam and Christianity compared to Hinduism, Sikhism and Buddhism.
It is submitted that the present is a case of classification between Indian citizens and foreigners which cannot be doubted on any count.
It is well established that Article 14 forbids class legislation but does not forbid classification, though the present case does not involve any foreign citizens as parties.
Recently, government requested the top Court to wait for the report of the three-member Commission of Inquiry headed by former CJI K.G. Balakrishnan before considering petitions seeking the grant of SC status for Dalit Muslims and Christians.
