NEW DELHI: Karnataka government has told the SC that reservation solely on the basis of religion is unconstitutional, contrary to the mandate of Articles 14, 15 and 16 of the Constitution of India and principles of social justice and secularism.
The action comes as the state opposes the pleas challenging its March 27 order (impugned order) that scrapped the 4% reservation granted to Muslims under the OBC quota and instead distributed the same equally among the dominant Vokkaliga and Lingayat communities.
“Merely because reservations have been provided in the past on the basis of religion, the same is no ground for continuing the same for perpetuity, more so when the same is on the basis of an unconstitutional principle,” the state has said in the 1678-paged affidavit.
According to the state, it adopted conscious governance initiatives through affirmative action to address social and economic backwardness and to make public service more inclusive and representative of the population.
The state has further stated that groups within the Muslim Community who were found to be backward and found mentioned in Group I of the 2002 reservation order continue to enjoy the benefits of reservation.
“Therefore, the initial inclusion of the Muslim community into the category of other backward classes in 1979 was contrary to the recommendations of the first backward class commission headed by Shri L.G. Havanur. The said inclusion has thereafter been continued subsequently primarily on the ground of economic backwardness. It is pertinent to state that the constitutional scheme at that stage did not contemplate reservations to economically weaker sections,” the affidavit states.
It further states, “Grant of reservations in a state and redistribution thereof is purely an executive function dependent on the ground realities. The issue with regards to which group should be treated as backward class and what benefits should be available to them is the constitutional duty of every State.”
Challenging the locus of Muslim Body Anjuman E Islam and Ghulam Rasool (petitioners who have challenged the GO) state has argued that the state is not denuded of the power to take a decision in accordance with law irrespective of commissions recommending the inclusion of Muslims as Backward castes.
“Exercise of power to provide for reservations emanate from Articles 15 and 16 and the same can be done by executive instructions which amounts to Law within the meaning of Article 13 of the Constitution of India. Merely because reservations have been provided in the past on the basis of religion, the same is no ground for continuing the same for perpetuity, more so when the same is on the basis of an unconstitutional principle,” the affidavit states.