MUSLIM RESERVATION IN INDIA

-Roshni S, Final year Ba.llb Kerala Law Academy Law college,Trivandrum

Reservation is a system of affirmative action in India that provides historically disadvantaged

groups representation in education, employment, government schemes, scholarships and

politics. Based on provisions in the Indian Constitution, it allows the Union Government and

the States and Territories of India to set reserved quotas or seats, at particular percentage in

Education Admissions, Employments, Political Bodies, Promotions, etc, for "socially and

educationally backward citizens. The Constitution of India states in article 15(4): "Nothing in

[article 15] 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

of or for the Scheduled Castes and the Scheduled Tribes." Article 46 of the Constitution states

that "The State shall promote with special care the educational and economic interests of the

weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled

Tribes, and shall protect them from social injustice and all forms of exploitation.

The Tamil Nadu government has allotted 3.5% of seats each to Muslims and Christians,

thereby altering the OBC reservation to 23% from 30% (since it excludes persons belonging

to Other Backward Castes who are either Muslims or Christians).1

The Government of Andhra Pradesh introduced a law enabling 4 percent reservations for

Muslims in 2004. This law was upheld by the Supreme Court in an interim order in 2010 but

it constituted a Constitution bench to look further into the issue.2 The referral was to examine

the constitutional validity of quotas based on religion.3 Kerala Public Service

1
"Reservation on basis of religion". The Economic Times. ISSN 0013-0389
2
Viswanathan, S. (16 November 2007). "A step forward". Frontline. Vol. 24, no. 22.
3
https://economictimes.indiatimes.com/news/politics-and-nation/centre-seeks-scs-approval-on-muslim-
reservation/articleshow/30704696.cms?from=mdr
Commission has a quota of 12% for Muslims.4 Religious minority (Muslim or Christian)

educational institutes also have 50% reservation for Muslim or Christian religions. The

Central government has listed a number of Muslim communities as backward Muslims,

making them eligible for reservation. The Andhra Pradesh government provided 5%

reservations for Muslims in 2004, which was struck down by the high court since the

government had not consulted the Backward Classes Commission and the total quantum of

reservations exceeded the upper limit of 50%. The AP government reintroduced the 5%

reservation to Muslims in 2005, now based on a recommendation by the Backward Classes

Commission. This was also struck down by the Andhra Pradesh high court on the basis of

inadequate data to establish that all the Muslims in the state are backward. In both cases, the

reservation for Muslims was struck down on the basis of procedural impropriety, not because

it was religion-based.

Later, the Andhra Pradesh government constituted the P.S. Krishnan Committee, which

undertook an extensive and intensive study of the problem for more than a year and

recommended the creation of a Group ‘E’ within the OBC category providing 4% reservation

for 14 major and most backward Muslim communities, so that it did not exceed the upper

limit of 50% reservations. The Cabinet decided to exclude Muslims from the OBC category

and scrapped the 4% reservation given to them under Category 2B.This has been divided

equally among Vokkaligas and Veerashaiva-Lingayats for whom new categories of 2C and

2D have been created respectively. Following the change, the reservation quantum for

Vokkaligas and others in the group went up from 4% to 6% and for Veerashaiva-Lingayats

and others in the group, from 5% to 7%.Earlier, the two communities were under 3A and 3B

respectively, which stand scrapped.The Cabinet also recommended internal reservation

4
"Reservation chart by Kerala Public Service Commission". 7 September 2020.
among the 101 SCs, a long pending demand of the SC (left) faction to the Union

Government. Of the 17% reservation given to SCs in Karnataka, it has sliced up 6% to SC

(left), 5.5% to SC (right), 4.5 % to SC (touchable) and 1% to SC (others).While the basis for

internal reservation was the recommendation of the A. J. Sadashiva Commission report of

2012 when reservation to SCs was pegged at 15%, the Government has adjusted the share,

based on a Cabinet sub-committee report, as per the new reservation quota that has been

hiked to 17%.