Muslim quota controversy – Careers Ready Careers Raedy

Reference

recently Religion based reservation in India, especially Discussion should begin on basic constitutional questions related to Muslim quota. Has been.

related facts

Recently, the issue of 5% reservation quota given to Muslims in Andhra Pradesh in 2004 has also reignited the debate over religion-based reservations.

Formal equality

its relation equality of treatment Equality of Treatment refers to treating everyone equally regardless of outcomes, which can sometimes lead to serious inequalities for historically disadvantaged groups.

Substantive Equality

Its equality of relationship outcomes Is from.
Affirmative action promotes this idea of fundamental equality Gives.

Constitutionality on religion based reservation

Parity vs Equality: The Indian Constitution goes beyond equality and ensures equality, Allowing differential treatment or special measures for historically disadvantaged groups. gives.
- Concept of Equality in Action: In the case of E.P. Royappa vs. State of Tamil Nadu, 1973 The Supreme Court has held that equality is a dynamic concept with many aspects and dimensions and it has been defined as traditional and theoretical. Cannot be 'imprisoned and confined' within boundaries Is.
Article-16(4) and 15(4): This article to the state Empowers to make provisions for reservation in favor of backward classes and socially and educationally backward classes including Scheduled Castes and Scheduled Tribes.
- Article 15 specifically grants the State only religion and caste. (with gender, race and place of birth) based on both discrimination against citizens Prevents from doing.
- Non-Discrimination Clause: State of Kerala vs. N. In the Supreme Court decision in M. Thomas (1975), reservation Equality/Non-Discrimination under Articles 15(1) and 16(1) The clause is not considered an exception, but rather an extension of the equality.
  - In Article-15 and Article-16 The important word is 'only' – which means that if a religious, The racial or caste group falling under 'Vulnerable Class' under Article 46 or falling under Backward Class shall be entitled to special provisions for socio-economic development.

Have Muslims ever been given reservation by reducing the quota of Scheduled Castes (SCs), Scheduled Tribes (STs) or Other Backward Classes (OBCs)?

Reservation was given to some Muslim castes not because they were Muslims, but because That these castes were included in the backward class and reservation was given without reducing the quota for SC, ST and OBC by creating a sub-quota within the OBC.

Religion based reservation in some states

Kerala: Muslims were included in the OBC category, creating a sub-quota within the overall OBC reservation.
- Muslim sub-quota religion-based reservation was first introduced in the year 1936 in the state of Travancore-Cochin.
- After the formation of the state of Kerala in the year 1956, all Muslims were included in one of the eight sub-quota categories and a sub-quota of 10% (now 12%) was created within the OBC quota.
Karnataka: In the year 1995, 4% Muslim reservation was implemented within the OBC quota.
- 36 Muslim castes included in the central list of OBCs were included in the quota.
Tamil Nadu: Based on law in year 2007, 30% OBC Reservation was provided within the quota, Which is a subcategory of Muslims with 3.5% reservation.
- Upper caste Muslims were not included in this.
- in this act Reservation for some Christian castes was given, but later This provision was made on the demand of Christians only. Was removed.
Andhra Pradesh and Telangana: Muslims along with 112 other communities/castes question of giving reservation to Andhra Pradesh Backward Classes in the year 1994 Was sent to the commission.
- In the year 2004, based on a report of the Minority Welfare Commissioner on the social, economic and educational backwardness of Muslims the government has 5% reservation considering the entire community as backward Gave.
- However, the High Court later canceled the quota on technical grounds.
  - Mandatory consultation with Andhra Pradesh Commission for Backward Classes was not done.
  - It was also believed that Minority Welfare Report Vision of Law was worse than because No criteria were laid down to determine backwardness. Was.
- This decision faced a challenge in the Supreme Court, which in 2010 ordered the status quo to be maintained until the case was fully heard and decided.
- In Telangana: in the year 2014 After the division of Andhra PradeshTRS government in Telangana In the year 2017, G. Report of Sudhir Commission and Backward Classes Commission on the basis of Proposal of 12% reservation for OBC Muslims doing passed a law Did.

Some other decisions of the Supreme Court on reservation on the basis of religion

M.R. In Balaji v. State of Mysore (1962), the Court ruled that-
- 'Muslims or for that matter Christians and Sikhs etc. are not excluded' for the purpose of providing benefits under Article 15(4) or 16(4).
- It is unlikely that in some states some Muslim or Christian or Jain groups ones people are socially backward Can happen.
In the Indira Sawhney (1992) case, the Supreme Court Provided that any social group, irrespective of its marks of identity, if found to be backward under the same criteria as others, shall be entitled to be treated as a backward class.
In T Muralidhar Rao vs State of Andhra Pradesh, 2004, the Court held that 'reservation for Muslims or their sections/groups is in no way against secularism, which is part of the basic structure of the Constitution'।’

Committee Recommendations and Executive Orders

Sachar and Mishra Panel
- Justice Rajinder Sachar Committee (2006) found that the Muslim community as a whole is almost as backward as the SCs and STs and more backward than the non-Muslim OBCs.
  - Suggested reservation for minorities including Muslims.
- Justice Ranganath Mishra Committee (2007) Suggested 15% reservation for minorities, which included 10% reservation was included for Muslims.
The Mandal Commission followed the example set by many states and included many Muslim castes in the list of OBCs.
The UPA government issued an executive order in the year 2012 It provided 4.5% reservation not only to Muslims but also to minorities within the existing OBC quota of 27% but it faced legal challenges.

Arguments in favor of religion-based reservation in India

Promoting Equality: The objective of the concept of reservation is to provide relief to the marginalized people of the society. Fair and equal opportunities have to be provided to the classes.
- Reservation implemented on the basis of religion This principle can be extended to those religious minorities who Historically behind in education and financial stability Are.
Constitutional Order: of the Indian Constitution Article-15(1) Prohibits discrimination on the basis of religion. Nainsuleh Das vs. State of Uttar Pradesh In cases like this, the Supreme Court has emphasized that this Constitutional provisions extend to all political and social rights Is.
- of the constitution Article 341 and Presidential Order of the year 1950 It is stated that only Hindus are entitled to join SC. However, Sikhs were included in the SC in the year 1956 and Buddhists in the year 1990. Muslims and Christians are still outside. It can be argued that this also 'religion-based' There is reservation.
Empowerment and Social Upliftment: Religion-based reservation could potentially rise of religious minorities can do, which Facing socio-economic inequalities We do.
- Solution of inequality: By recognizing the unique challenges faced by religious minorities, religion-based reservations can address systemic inequalities. Such measures can help reduce differences in educational and economic status between different religious communities.

Arguments against religion based reservation in India

Threat to social harmony: Imposing reservation on the basis of religion can lead to social unrest and division within the society.
- Giving more importance to one religion than another creates distrust between different religious groups. can do and can weaken social unity Is.
Weakening of secularism: Critics argue that offering reservations based on religion is contrary to the secular principle enshrined in the Indian Constitution, which promotes equal treatment of all religions by the state.
- Giving reservation on the basis of religion is contrary to the fundamental principles of the Indian Constitution. Which was recommended by Dr. B. R. Ambedkar did।
  - The Constitution of India emphasizes on equality and Discrimination on the basis of religion prohibits, which Religion based reservation is unconstitutional It happens.
Risk of Conversion: Religion-based reservations may inadvertently promote religious conversion as individuals seek to benefit from reservation policies.
- different from Tension between religious communities may increase further Having more secular values weak Can happen.
Ignoring socio-economic factors: Reservation based on religion within religious communities Diverse socio-economic realities Ignores.
- Poverty and discomfort present in all religions and giving reservation only on the basis of religious identity micro needs of individuals from disadvantaged backgrounds fails to complete.

conclusion

However, due to religion based reservation Potential benefits in addressing socio-economic inequalities among religious minorities may be, they social harmony, constitutional values and Holistic solutions to socio-economic inequalities They also pose significant challenges for

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