Lalu Prasad enters Muslim reservation debate The Debate over the Accusations of the prime minister Modi on Congress SHARING OBC QUOTA AMONG MOB VOTE BANKS. Muslims should be given reservations but the statement was then followed by a caveat and for which Prasad warn.Nevertheless, while the constitution does not allow for job and education reservations along religious lines, it has been interpreted by some governments as granting certain Muslim communities advantage in obtaining such benefits.
Should Muslims get reservation in employment and higher education in India? It has become a matter of intense political outbursts ever since. Prime Minister Modi Pointing fingers at Congress he alleged that it tried to bring about a Muslim quota “spirit of Constitution’’.
In his recent speech, Modi claimed that Congress tried a “pilot project” in Andhra Pradesh; the Prime Minister went on to add: Karnataka Quota discourse in the debate.
On Tuesday (May 7), RJD president Lalu Prasad, who has been a strong supporter of reservation of jobs and higher education for the socially and economically backward, answered the question in the affirmative. “Milna chahiye Musalmanon ko, Poora (Muslims should book),” Prasad said during the swearing-in ceremony of 11 new MLCs, including his wife and former Bihar chief minister Rabri Devi Rabri Devi).
The issue has become a hot political debate in the ongoing Lok Sabha elections after Modi addressed a rally in Rajasthan in April this year: “When the Congress formed the government at the Center in 2004, one of its first priorities was to reduce Scheduled castes/scheduled tribes reservations in AndhraPradeshandquotaformuslims The Congress tried four times to introduce Muslim reservations in the state between 2004 and 2010, but failed due to legal hurdles and vigilance shown by Supreme Court .Modi later also claimed that the Congress had provided separate quotas for Muslims in Karnataka’s OBC list by including them on religious lines. These allegations were made in Karnataka LS on April 26. raised before the election vote.
Amid the political battle between the two rival camps, the RJD’s Prasad joined his side, triggering a strong reaction from the BJP and its allies. Addressing a rally in Darbhanga, Bihar, Modi said, “Lalu Ji has made shocking statements claiming to wrest reservation from SC, ST and OBC communities in favor of small vote banks Politics.. We will never let that happen.
As Modi pits Prasad’s once core vote bank (Muslims) against other backward class communities, the RJD elder realizes that his remarks may leave Hindus and boomers confused about the prospects of his party or alliance, and tried to clarify his statement.
He said, “The basis of reservation is social backwardness. What Modi wants to do is complete reservation. Religion cannot be the basis of reservation. Narendra Modi is younger than me.”
Prasad also said,” It was during Vice President Singh’s government when we implemented Mandal Commission report). No one should lecture us.
Earlier, Modi’s remarks led National Commission for Backward Classes (NCBC) chief Hansraj Ahir to seek clarification from the Karnataka chief secretary on the OBC quota and “blanket” for category II-B Muslims “Reserved” category.
NCBC data shows that Muslims make up about 13% of Karnataka’s population. The state provides 32% reservation to OBCs in employment and higher education.The 4% sub-category is reserved for Muslims from Karnataka
The story goes back to 1975
Founded by the Congress government of Devaraj Urs, Karnataka constituted an LG Havunur Committee on Backward Classes that submitted a report in 1975 recognizing Muslims as eligible for reservations. Along with Scheduled Castes and Scheduled Tribes they are among some of the backward communities. Hawanur, one of the greatest lawyers of all time, had his political career in politics from Congress to the Bharatiya Janata Party (where he spent his last political association in 1999) and was invited to join South-African constitution making body in 1991.
After that, Karnataka government issued a notification granting reservation rights to backward classes including Muslims in March, 1977. The OBC list left out Lingayats but included Vokkaligas; this led to protests by Lingayat who later approached court.
The Constitution bench upheld the recommendations of Hawanur’s report affirming that consideration of caste would further impoverish it.
Two Janata panels
In the 1980s, two additional Backward Committees were established by BJP government under Ramkrishna Hegde. T Venkataswamy Committee was set up in 1984.
Vokaligas now feeling hurt and angry decided that their demands could best be met through rejection of the Venkataswamy Commission report by Hegde government which forms backbone support for BJP’s Karnataka politics.
Thereafter, it established Third Backward Class Commission under Justice O Chinnappa Reddy in March 1988.In fact,
It sparked off massive protests when Lingayats, Vokaligas, Catholic Christians Ganigas and Devangas were not included among backward classes as per this report
Finally Muslims remain
The Reddy Committee suggested that Muslims should be reclassified into category II as per OBC list. In Veerappa Moily’s Congress Government took these recommendations; thereby implementing them in1994. For instance, in Category 2 B (termed as “more backward”) 6% of posts and seats were reserved for Muslim converts from amongst Buddhists, Muslims and the scheduled castes. Amongst the 10% reservation available to economically weaker persons, Muslims enjoy a 4 % quota while Buddhist and South Sudanese converts to Christianity divide the remaining two per cent.
The government’s order was however challenged in court that passed an interim order on September 1994 limiting total reservation to 50 percent. At this time Karnataka witnessed massive political turmoil leading to Moily’s government collapsing even prior to acting on the interim direction issued by Supreme Court.
In February 1995, Karnataka’s Chief Minister H.D Deve Gowda of Janata Dal came out with new quota policy after making some changes following SC’s interim decision. In educational institutions and State run organizations, Muslims get a reservation of four per cent under the category 2B quota system. Interestingly Dev Gowda is now fighting alongside BJP under PM Modi who is their leader in LS elections in Karnataka.
Another attempt by Bharatiya Janata Party
This reservation arrangement remained intact with slight amendment till Basavraj Bommai administration of BJP wanted it withdrawn in March 2023 few months before state assembly elections in Karnataka. It has proposed two more classes: Vokkaligas and Lingayat each having a 2% job or higher education reservation. The aim is to do away with category-2B for Muslims placing them within overall ten percent quota provided for EWS.
Fierce political opposition and court battles sparked by the proposal forced the government to keep the proposal in abeyance. “Erratic and flawed”, these were words initially used by SC in April 2023 when opining on Bommai government’s decision to scrap 4% quota for Muslims as belonging to OBCs.
Andhra Pradesh experiment
The Muslim population in Andhra Pradesh according to 2011 census stands at about 9.5%. Some Muslim communities, such as Dudekula, Laddaf, Noorbash and Mehtar have up to 10% of OBC reservations. They were found to be poorer than other castes.
It is worth noting that this reservation falls under BC-E category and differs from the already existing OBC quota so as not to overlap. However, there are movements seeking the inclusion of all Muslims under the OBC category in states like Karnataka and Kerala.
After the Assembly and Assembly elections of 2004, Congress which was ruling both at Centre as well as state level had requested Minority Welfare Commission “to examine socio-economic and educational status of Muslim community” in then unified Andhra Pradesh for its inclusion into OBC List.
Accordingly, Andhra Pradesh gave a five per cent reservation to “Muslim minorities on par with backward classes in employment, education and other fields” which party fulfilled its election manifesto promise based on recommendations made by this committee. This plan was operationalized in July 2004. In September 2004, however, Supreme Council nullified this quota pertaining all Muslims terming it unconstitutional because it was effected without consulting State Commission for Backward Classes which is required by law.
In addition, HC also held that there was no exclusion of ‘creamy layer’ from among those given quotas for Muslims contrary to SC directions laid down in Indra Sawhney (1992).
Thereafter an ordinance called “Reservation of Seats in Educational Institutions and Appointments or Positions in the Public Service under the National Muslim Communities Act in the State of Andhra Pradesh” was promulgated by the government of Andhra Pradesh in 2005. A Muslim quota, which was replaced with higher education and employment opportunities, was justified by Commission for Backward Classes’ findings that Muslims are “socially, educationally and economically backward”.
The law then raised the state’s total reservation to 51% thus violating a ceiling set by SC at 50% because none of existing reservations have been changed. This is why once again Supreme Council of Andhra Pradesh has struck down this proposal as grounded on unscientific and flawed criteria.
Furthermore, another ordinance was issued during YS Rajasekhara Reddy-led Congress state government permitting 4 per cent reservation for fourteen categories of poor Muslims restricting it within fifty per cent ceiling. In 2010, also High Court refused to accept it.
Subsequently however, this judgement passed by HC was contested before SC.
Later on through an interim order in September 2010 SC directed that the quota should continue till the case is heard by court. This subsequently led to reference of case to Constitutional Bench. Thus, Muslim quota law remains sacrosanct in Andhra Pradesh as yet the matter hasn’t come up before South Carolina.
Are there reservations for Muslims across India?
Contrary to popular belief, Muslims are not a homogeneous group. OBC reservations for some Muslim communities have been given at central and state level under Article 16(4) which stipulated quota for “backward class citizens”. If a Muslim caste is found to be socially and economically backward, it qualifies for reservation in the central and state.
Currently there are 36 Muslim communities listed under Category 1 and 2A in the Central OBC list. However, creamy layer means families having an annual income of more than Rs.8 lakh who are not eligible for reservation benefits. There are at least twelve states that have quotas for one or more Muslim communities among them Andhra Pradesh, Assam, Bihar, Gujarat and M.P.s.
What about those converted into Islam?
Besides what has just been stated above, Muslims do not qualify for reservation benefits. There’s a debate on whether castes should still benefit from quotas if they convert to Islam or Christianity. Currently it is governed by the 1950 caste system that has since undergone several revisions over the years. According to SC order of 1950 only those persons who practice religion other than Hinduism, Sikhism or Buddhism cannot be regarded as SCs. Even so this Supreme Court order acknowledged that there were Dalits among Muslims.
In its report submitted in 2008, National Commission for Minorities recommended extending the quota benefits to Dalit Muslims and Dalit Christians. A petition is pending with the SC seeking retention benefits of the converted SC.
BJP & PM Narendra Modi opposed extending reservation benefits to Scheduled Muslims/Christians. Since there was clarification on conversion issue from SC order of 1950 these issues may ultimately end with Supreme Court decision.“A person who converts or re-converts himself to Hinduism…and Sikhism shall be admitted as a member of the Scheduled Caste concerned if he has been received…and accepted as a member of the Scheduled Castes concerned,” says the Apex Court.
