These days, social media and media are filled with poisonous comments of BJP leaders including Narendra Modi. In these statements he is continuously giving statements against Muslim reservation.
Narendra Modi is repeatedly falsely accusing Congress of reducing the reservation given to SC/ST and Other Backward Classes.
Narendra Modi falsely claimed that Congress’ aim was to reduce the share of reservation given to these people and give it to all Muslims on the basis of religion, which is against the Constitution.
In such a situation, the question arises whether Muslims can get reservation under the Indian Constitution or not? If yes then how will it be achieved and if reservation can be given to Muslims then what objection does BJP have?
Can Muslims get reservation?
Many Muslim communities in India benefit from OBC reservations at the central and state levels. This is directly related to Article 16(4) of the Constitution. This article says that reservation can be given to those backward classes which are not adequately represented in state services.
The Third Backward Classes Commission headed by Justice O Chinnap Reddy has said in its report that many Muslim communities are educationally and socially backward. In terms of education, the economic status of some Muslims is similar to that of the Scheduled Castes.
On the basis of this, the Commission recommended reservation in education only for Muslims under Article 15(4) of the Constitution. In 2006, the Justice Sachar Committee report also reached the same conclusion. So overall some Muslim communities are given OBC reservation on the basis of the provisions of the Constitution and the report of the Backward Classes Commission.
However, one thing is the creamy layer in OBC reservation. That means, people with annual income of Rs 8 lakh or more do not get the benefit of reservation. Whoever comes from backward class. This means that Muslims who are socially and economically advanced cannot get this reservation.
Current status of Muslim reservation in the country
The Centre’s list of backward classes provides reservation for certain Muslim castes in states where the Mandal Commission is in force. According to the PIB report, OBC reservation is being given to some castes of the Muslim community in Maharashtra, Karnataka, Andhra Pradesh, Gujarat, Rajasthan, Tamil Nadu, Teli Muslims and Muslim Kayasthas of Uttar Pradesh, Bihar, Kerala, Assam. However, the Muslim reservation quota varies from state to state.
Why is BJP protesting?
BJP is continuously attacking the Congress party on the issue of giving reservation to Muslims on the basis of religion. In election rallies, Prime Minister Narendra Modi says that in Karnataka, Congress has declared all Muslims as OBC by giving reservation from OBC quota.
Congress wants to implement reservation system in the entire country like Karnataka. Congress and its allies want to snatch away the reserved rights of OBC and SC community and give them to a particular community.
BJP’s objection is that reservation cannot be given to any religious community only on the basis of religion. BJP says that it is refusing to give reservation not to Muslims but to the entire community. There is no provision for reservation on the basis of religion in the Constitution.
