Source: This article on Religion and Reservations in India is based on article “ How Supreme Court, govt have attempted to define importance of religion in SC & OBC reservations” published in The Indian Express on 17th December 2024.
UPSC Syllabus Topic: GS-2- Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.
Context: The article addresses the complex and contentious issue of religion and reservations in India, focusing on Other Backward Classes (OBC) and Scheduled Caste (SC) quotas. It examines the evolving legal and governmental positions on whether religion can be a basis for providing reservation benefits and highlights specific Supreme Court and High Court rulings that have shaped the debate.
Can reservations be based on religion, especially for Other Backward Classes (OBC)?
- While the Constitution (Article 16(4)) allows states to provide reservations for “backward classes” underrepresented in public services, the Supreme Court in Indra Sawhney v Union of India (1992) ruled that religion cannot be the sole basis for determining backwardness.
- The court emphasized that other social, economic, or educational criteria must also justify reservations.
- Several states have provided OBC reservations to Muslims. For example:
- Kerala: Muslims have been part of OBC quotas since 1956.
- Karnataka: In 1995, based on the Justice O. Chinnappa Reddy Commission’s 1990 report, Muslims “as a whole” were deemed socially and economically backward.
- Tamil Nadu: Included Muslim groups in the OBC quota in 2007.
- However, challenges persist. For instance, on May 22, 2024, the Calcutta High Court struck down OBC reservations for 77 classes—mostly from the Muslim community—stating that the reservations were based on religion without “objective criteria” to prove backwardness.
How does religion impact Scheduled Caste (SC) reservations?
- The Constitution (Article 341) allows the President to specify SC communities. The Scheduled Castes Order, 1950 restricts SC status to Hindus, later extended to Sikhs (1956) and Buddhists (1990). Converts to Christianity and Islam remain excluded.
- In the Soosai v Union of India (1985) case, the Supreme Court ruled that a religious convert cannot retain SC status unless they prove caste-related discrimination persists in their new religious community.
- The Ranganath Mishra Commission (2007) found caste discrimination exists across all religions and recommended that SC status should extend to converts to Christianity and Islam. However, the Centre rejected this recommendation.
- A key challenge is pending in the Ghazi Saaduddin v State of Maharashtra case (since 2004), which questions the constitutional validity of the 1950 Presidential Order. In April 2024, the Supreme Court delayed the case, citing the Centre’s formation of a commission led by ex-CJI K G Balakrishnan to examine the issue. The commission’s report is now expected by October 2025.
What are the legal hurdles regarding reservations for religious groups?
Legal challenges arise when reservations for religious groups are provided without clear justification:
- Andhra Pradesh (2005): The state introduced 5% reservations for Muslims within the OBC quota. The Andhra Pradesh High Court struck it down, stating the government did not use “objective criteria” to prove backwardness.
- Calcutta High Court (2024): Similar reasoning invalidated reservations for 77 predominantly Muslim classes.
The Supreme Court is yet to decide on the Andhra Pradesh case, despite indicating it would address it after the Economically Weaker Section (EWS) judgment in 2022.
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