NEW DELHI: The reservation issue once again took centre stage in Parliament as the BJP and Congress locked horns over Muslim reservations in Karnataka.
Both houses witnessed ruckus over Karnataka Deputy Chief Minister D.K. Shivakumar’s alleged remarks of bringing changes to the Constitution, a charge the Congress refuted as ‘baseless and misleading’.
BJP President and MP JP Nadda accused Congress of violating constitutional principles by introducing 4% reservations to Muslims in public contracts.
However, experts point out that several Muslim communities are included in the Other Backward Classes (OBC) reservation at the central and state levels to address their historical socio-economic disadvantages. In Karnataka, reservation for Muslims as a backward community existed in 1921, say experts.
Speaking to this newspaper, constitutional law expert Prof G Mohan Gopal said that the current controversy is unnecessary as “they are misrepresenting the reservation as a religious reservation”. Though there have been several significant shifts in Muslim quota policies in Karnataka over the years, it was fixed at 4 percent in 1995 within the 32% OBC quota.
However, the BJP government of Basavaraj Bommai scrapped the Muslim quota in 2023 and distributed it among Vokkaligas and Lingayats. In April 2023, the Supreme Court said that the scrapping of reservation was “prima facie flawed and shaky.”
According to the Court, the state showed “haste” in issuing the order based on an interim report. However, in its manifesto, the Congress promised to bring back the Muslim quota during its election campaign.
Prof Mohan Gopal pointed out that during a discussion in the Constituent Assembly on the subject, Dr Ambedkar said that “it’s a matter of policy for the government to define ‘what is a backward class’”.
He said that “in 1992 landmark verdict, Indra Sawhney clearly spelt out that a class is any group of people that fulfills about 20 criteria that cuts across four broad areas—social, educational, economic, and political, namely representation.”
Article 16(4) of the Constitution provides for reservation for a “backward class of citizens, which, in the opinion of the State, is not adequately represented in the services under the State”.
Another Southern state, Kerala, has a long history of providing reservations to Muslim communities. Initially introduced in 1936, the state currently provides 8% reservation in educational institutions and 10% in government jobs within the 30% OBC quota.
Meanwhile, in Tamil Nadu, a 3.5% sub-quota is provided to Muslims within its 30% OBC quota framework.
Andhra Pradesh has faced legal challenges on Muslim reservations. In 2004, the state introduced a 5% reservation for Muslims based on a report highlighting their social and educational backwardness. However, the High Court struck down this quota, citing procedural issues and the need for proper identification of backward groups within the Muslim community.
Subsequent attempts to implement a 4% reservation for specific Muslim castes also faced legal hurdles. Ruling Telugu Desam chief and Chief Minister N. Chandrababu Naidu vowed to protect that quota.
In Bihar, where OBCs have been divided into backward and most backward classes, Muslims fall in the latter category. The government provides 18% quota to EBCs, 12% to OBCs, 16% to SCs, 1% to STs and 3% to OBC women.
Prof Mohan Gopal said, “As a group, the decisive factor for reservation is the backwardness criterion. Sometimes, it may be a subgroup within a religion, or sometimes, it may be the whole group in a particular area or group in a particular area. A backward Class Commission then examines the data, and the Registrar General goes through it. Based on their positive recommendations the government decides on the quota.”
Quota story in south
In Karnataka, reservation for Muslims as a backward community existed way back in 1921
Following shifts in Muslim quota policies in Karnataka, it was fixed at 4% in 1995 within the 32% OBC quota
Basavaraj Bommai-led BJP govt scrapped the Muslim quota in 2023 and distributed it among Vokkaligas and Lingayats
Kerala gives 8% reservation to Muslims in educational institutions
and 10% in government jobs, within 30% OBC quota
In Tamil Nadu, 3.5% sub-quota is provided to Muslims within its 30% OBC quota framework
