Reservation for Muslims
April 24, 2024

Why in News? Prime Minister at an election rally said that Congress often tried to give reservation to Muslims by reducing quota for SCs, STs and OBCs by citing example of providing Muslim quota in Andhra Pradesh.

Reservation for Muslims- OBC reservation (based on social and educational backwardness) both at central and state levels includes several Muslim communities. It works differently in different states. For example, Karnataka Muslims had a 4% sub-quota within the 32% OBC quota.

Andhra Pradesh Quota- Muslim groups like Noorbash, Mehtar etc. are included in state OBC lists, with7-10% quota. But there had been a push in undivided state to include all Muslims (9.5% as per 2011 census) in OBCs. First attempt was made in 2004, when 5% reservation was given to Muslim Minorities in employment, educational and other fields on par with state OBCs. However, state High Court(HC) struck down the quota as it was- brought without consulting Backward Classes Commission (BCC), did not exclude“ creamy layer” and gave reservation to all Muslims.

Second attempt was made in 2005 when the state government brought a legislation giving 5% quota to Muslims. The law said that as State’s OBC population is more than 77% of total population, a further reservation of 5% to Muslim Community in addition to existing 46% of social reservation is just and reasonable (though it crossed Indra Sawhney threshold of 50%). This time, BCC had recommended reservation for entire Muslim Community. But HC struck it down again stating that BCC did not rely on objective criteria to conclude that Muslims as a group were backward in AP. This ruling was challenged in SC. The SC in 2010 directed to maintain status Quo till court had heard the issue. The case is still pending.