| Introduction: Contextual Introduction Body: What are constitutional & judicial perspectives on religion-based OBC reservations in India? Conclusion: Way forward |
The relationship between religion and reservation in India has been a contentious issue, particularly concerning Other Backward Classes (OBC) and Scheduled Castes (SC) categories. While there is no explicit bar on identifying religious groups for OBC reservations, the Constitution and the judiciary have maintained that religion cannot be the sole criterion for granting such reservations.
Constitutional Provisions & Judicial Perspectives
- OBC Reservations under Article 16(4): Article 16(4) empowers the State to provide reservations for any “backward class of citizens” that is “not adequately represented in the services under the State.” This provision does not prohibit religion-based identification but mandates backwardness as the qualifying criterion.
- Scheduled Castes under Article 341: The Constitution (Scheduled Castes) Order, 1950 explicitly restricts SC status to Hindus, Sikhs (since 1956), and Buddhists (since 1990), excluding Christians and Muslims. Clause 3 of the Order reflects the perception that the caste system primarily affects these religions.
- Indra Sawhney Case (1992): The Supreme Court held that backwardness must be determined by social and educational criteria. Religion cannot be the sole basis for identifying backward classes.
- Calcutta High Court Verdict (May 2024): The court struck down reservations granted to 77 classes, predominantly from the Muslim community, within the OBC quota. It observed that the reservations were based solely on religion without “objective criteria” to determine backwardness.
- Soosai v. Union of India (1985): The Supreme Court held that converting to Christianity does not automatically invalidate caste-based disadvantages. However, individuals must prove that caste-based oppression continues post-conversion.
Criteria for Identifying Backward Classes
- Social Backwardness: Measured through caste-based discrimination, lack of social mobility, and exclusion from societal privileges.
- Educational Backwardness: Indicators include low literacy rates, poor access to education, and high dropout rates among specific groups.
- Economic Backwardness: Factors include low per capita income, unemployment, and lack of assets or land ownership.
- Empirical Data and Commissions: Backwardness must be established through detailed surveys and reports, as done by commissions like Justice Chinnappa Reddy Commission (Karnataka) and Justice Sachar Committee. Religion may be relevant but cannot be the sole determinant.
Conclusion
The Indra Sawhney judgment serves as a guiding principle, emphasizing that social, educational, and economic backwardness — supported by empirical data — must form the basis for any such policy.
