Centre seeks SC’s approval on Muslim reservation

NEW DELHI: In a politically significant move, the Centre on Wednesday sought the Supreme Court’s nod to provide a 4.5% quota for Muslims in education and jobs on the lines provided in Andhra Pradesh. Abench comprising Justices KS Radhakrishnan and Vikramjit Sen, however, desisted from hearing the matter, but said it would urge the Constitution bench hearing the Andhra case to look into the government’s plea.

Andhra provides 4% quota for Muslims in education and state government jobs, after the Supreme Court in an interim order on March 25, 2010, allowed it continue till the Constitution bench decides on the issue.

The central government appealed to the top court to allow it to implement the reservation as an interim measure, as the AP government was allowed, while it awaits a verdict on the legality of religion-based reservations. Solicitor-General Mohan Parasaran told the bench, “There cannot be two sets of rules, one for Andhra and one for the Centre”.

Justice Sen asked, “Can we have two sets of conflicting orders?” but the judges decided to refer the matter to the Constitution bench Appearing for AP Backward Classes Commission President R Krishnaiah, senior advocate PS Narasimha opposed any interim relief. “What is the hurry? Let the Constitution bench hear the matter,” Narasimha said.

“You can’t revive a law that has been struck down. Anyway, this court has rejected a stay on the High Court order,” he contended. But Parasaran kept insisting on an interim relief. “There can’t be two different standards, rules,” he countered, citing the AP precedent and demanding parity for the central government from the court as well.

Narasimha then attacked the move terming it as a “political move timed only for elections.” Parasaran shrugged it off as “innuendo” and insisted that the Centre’s prayer be heard at least. The bench permitted him to file a formal application, which would be referred to the Constitution bench.

The AP government had made two attempts -- through an executive order in 2005 and again through legislation in 2007 – to introduce a sub-quota for Muslims within 27% OBC reservation. Both were struck down by the AP High Court on the ground that it was not backed by adequate data to justify the quota.

The state government then appealed to the Supreme Court against the High Court order. The issue of whether religion-based quotas are permissible under the Constitution is now before a Constitution bench of the Supreme Court. Pending a decision on its legality, the top court, however, allowed the state government to implement the quota.

The central government followed up by announcing a similar quota for education in its own educational institutions under the Central Educational Institutions Act, 2006, ahead of assembly polls in Punjab and UP.

Another office memorandum was also issued in the run-up to the polls providing for an equivalent job quota for socially-educationally Backward Classes among Muslims except those economically privileged. This was also struck down by the court. An appeal against it is since pending in SC.

The Muslim sub-quota will have to be carved out from 27% OBC quota as ST reservation already stands at 7.5 % and SC reservation at another 15%, taking the total reservation percentage to 49.5%. SC has capped the reservation quota at 50% so that merit category remains at least 50%.