SC backs quota for Muslims in Andhra Pradesh





The Supreme Court on Thursday in an interim measure upheld the constitutional validity of 4% reservation provided to social- ly and economically backward Muslims in Andhra Pradesh.

Though Andhra Pradesh and West Bengal have announced reservations for socially and educationally backward Mus- lims, it is the first time the apex court has upheld the va- lidity of religion-based reser- vation.

The ruling in effect has stayed the seven-judge Andhra Pradesh high court judgement of 8 February, which struck down a state law providing 4% reservation in educational in- stitutions and jobs to 15 groups belonging to the Mus- lim community. The high court had found the law un- constitutional and violative of the right to equality.

The state had filed a special appeal in the apex court on 26 February against the high court judgement.

As religion-based reserva- tion involves an important question of law, the apex court bench headed by Chief Justice K.G. Balakrishnan has referred the matter to be heard in Au- gust by a five-judge constitu- tional bench.

Andhra Pradesh had provid- ed for reservation on the basis of a report by the Andhra Pradesh Commission for Back- ward Classes (APBC), which had recommended that social- ly and educationally backward Muslims be adequately repre- sented in the state.

Harish Salve, senior advo- cate and counsel for parties opposing the reservation, ar- gued in the apex court that the Congress-led Andhra Pradesh government had failed to spell out proper and relevant crite- ria for identification of socially and educationally backward Muslims in the state. G.E. Vahanvati, attorney general of India, said the iden- tification of the 15 Muslim groups was done on a scientif- ic basis.

After the Thursday ruling, Andhra Pradesh chief minister K. Rosaiah told the state legis- lative assembly that the gov- ernment would take all legal steps to implement the 4% res- ervation in jobs and education to backward class Muslims.

Opposition parties Telugu Desam Party and Communist Party of India (Marxist) favour a 10% quotas for Muslims as recommended by the Sachar and Ranganath Mishra panels.

The president of the Bharat- iya Janata Party's (BJP) Andhra Pradesh unit, G. Kishan Reddy, opposed religion-based reser- vations, saying it would en- courage conversions and lead to clashes between Muslims and backward classes.

“Our party is against any kind of reservation on the ba- sis of religion. I do not wish to comment on judicial decisions but it is against the basic spirit of the Indian Constitution and our party would continue its strive against any such move,“ said Tarun Vijay, a BJP spokes- person.

Andhra Pradesh's minority welfare minister Mohammad Ahmadulla Syed said the 4% reservations “are not based on religion but are meant for backward classes in Muslims“.

Based on the recommenda- tions of APBC, the state gov- ernment in 2005 issued an or- dinance and passed legislation for 5% reservation for 15 back- ward groups of Muslims.

The Andhra Pradesh high court quashed the legislation, saying that it would exceed the 50% total reservation limit set by the Supreme Court.

Taking this into account and to keep the reservations within the 50% limit, the state govern- ment reduced the quantum of quota to 4% and passed a new law in July 2007.

Fizoz Bakht Ahmed, a schol- ar, calling the reservation poli- cy a piecemeal and divisive measure, said there had to be a change in the mindset of Muslims towards education.

manish.r@livemint.com