Congress President Mallikarjun Kharge (centre) with Karnataka CM Siddaramaiah (R) and Deputy CM D K Shivakumar (L).
Credit: B H Shivakumar/DH Photo
The Siddaramaiah government has amended the Karnataka Transparency in Public Procurements Act to introduce 4 per cent reservations for Muslims in government civil contracts. Sumit Pande digs deep into the controversy that has reignited the debate over religion-based quotas.
Does the Constitution allow religion-based reservations?
Affirmative actions, such as reservations in government jobs and education institutions, emanate from Article 15(4) and Article 16(4) of the Constitution, which empower the state to make "any special provision for the advancement of any Socially and Educationally Backward Classes (SEBCs or OBCs) of citizens or the Scheduled Castes (SC) and the Scheduled Tribes (ST)". There is no provision for a religion-based reservation.
Do Muslims in India get reservations?
Article 16(4) allows affirmative action for the “backward class of citizens, which, in the opinion of the State, is not adequately represented in the services". Muslim communities that are found to be socially and educationally backward have been extended benefits of reservations not as a religious group but as a subset of the backward classes. Momin and Julaha, for instance, are two Muslim social groups that have been included in the central OBC list. Many states also extend reservations to Muslims under the OBC category.
Which state in India first gave reservations to Muslims under the SEBC category?
In 1936, the state of Cochin-Travancore introduced reservations in government jobs for backward communities, including Muslims. The quantum was increased to 50 per cent when Kerala was formed in 1956. Muslims continued to get reservations under the OBC category. Of the 40 per cent OBC quotas, 10 per cent was set aside for socially and educationally backward Muslim communities. Currently, this figure stands at 12 per cent in jobs and 8 per cent in education institutions.
What have courts said about Muslim reservations?
In 2004, when the YS Rajasekhara Reddy-led Congress government in undivided Andhra Pradesh issued an executive order to implement 5 per cent reservations for Muslims on par with backward classes, the state high court struck it down as the decision was taken without consulting the Backward Classes Commission and did not exclude the creamy layer as laid down in Indra Sawhney case by the Supreme Court.
Following the HC ruling, the state government introduced legislation, which was again struck down by the HC because the state did not rely on objective criteria to prove Muslims as a group that was backward in AP. The matter is currently pending before the Supreme Court.
Is there a reservation for Muslims in Karnataka?
Former Karnataka CM Devaraj Urs appointed the LG Havanur Commission (also called the first backward classes commission), which recommended reservations for Muslims under backward classes. The executive order for implementing the Havanur Commission’s recommendations was issued in 1977 but met with political opposition and was challenged in the courts.
Later, based on the third Backward Classes Commission headed by Justice O Chinappa Reddy, the Veerappa Moily government in 1994 finally decided to include Muslims in the OBC list with 4 per cent reservations. However, it was HD Deve Gowda who implemented the recommendations when he became the chief minister in 1995.
Just ahead of the 2023 Assembly polls, the Basavaraj Bommai-led BJP government sought to tweak this formula, but the decision was challenged in the courts.
What is the controversy regarding the recent bill on 4% reservations for Muslims in Karnataka government contracts?
In 2015, during his first term as Karnataka CM, Siddaramaiah proposed 24 per cent quotas for SC/STs in civil work contracts. The provision was extended to Most Backward and Relatively Most Backward classes in 2023.
The incumbent government has now sought to expand the scope of the same law by offering the scheme to communities in category II-B of the state OBC list. This category was carved out in 1994 (as recommended by the Reddy Commission) and includes socially and educationally backward Muslim communities in the state. The Congress’ contention is that such reservations, per se, are for an OBC sub-category II-B and not a religious group. The BJP, on the other hand, alleges that the provision is “unconstitutional” as it provides reservations on religious grounds.