SC Emphasizes Reservation Must Not Be Religion-Based

Why in the news?

The Supreme Court addressed West Bengal’s appeal against a High Court ruling striking down inclusion of Muslim-majority castes in the OBC list, citing improper criteria.

SC Emphasizes Reservation Must Not Be Religion-Based

About SC on Reservation and Religion:

  • The Supreme Court remarked that reservation should not be based on religion.
  • It was hearing West Bengal’s appeal against a Calcutta High Court judgment striking down the inclusion of several predominantly Muslim castes in the Other Backward Classes (OBC) list.

High Court Observations

  • The High Court ruled that religion was the “sole criterion” for designating these communities as OBCs.
  • It deemed the inclusion of 77 Muslim communities as backward an “affront” to the Muslim community as a whole.
  • Struck down parts of the West Bengal Backward Classes (Other than SC/ST) Reservation Act, 2012, affecting five lakh OBC certificates issued since 2010.

Supreme Court’s Queries and Next Steps:

  • Directed the State to clarify the survey and consultations conducted to assess the social and educational backwardness of these communities.
  • Questioned the adequacy of representation in public services and consultations with the Backward Classes Commission.
  • Asked for details on the sub-classification process for reservations.
  • Scheduled the next hearing for January 7.
  • Previous High Court judgment exempted individuals already employed using OBC certificates issued since 2010.

Understanding Indian Constitution on Religion-Based Reservations:

  • Article 16(4): Allows reservations for backward classes inadequately represented in state services.
  • Article 15: Prohibits discrimination based on religion, caste, sex, race, or birthplace.
  • Article 15(4): Inserted via the 1st Amendment, enabling special provisions for socially and educationally backward classes.
  • Affirmative Action: Promotes substantive equality for historically disadvantaged groups.
  • Case Judgments: SC views reservations as extensions of equality under Articles 15(1) and 16(1).
  • State-Level Initiatives: Kerala, Karnataka, and Tamil Nadu provide OBC sub-quotas for Muslims.

Sources Referred:

PIB, The Hindu, Indian Express, Hindustan Times