UPA okayed quota for Muslims in 2011

Tribune News Service

Aditi Tandon

New Delhi, April 23

In December 2011, just before the 2012 Uttar Pradesh elections, the erstwhile Congress-led UPA cabinet approved 4.5 per cent sub-quota for backward Muslims within the existing 27 per cent reservation available to the Other Backward Classes in central jobs and admissions to central educational institutions.

Total recall

• On June 20, 2005, the Congress government in Andhra Pradesh issued the AP Reservation of Seats in the Educational Institutions and of Appointments or Posts in the Public Services under the State to Muslim Community Ordinance, 2005, providing 5% reservation in admissions to educational institutions and appointments to public service offices in the state to Muslims
• In October 2005, the ordinance was replaced by an Act, which the AP HC held unconstitutional in November 2005. The AP Government made two subsequent attempts at Muslim quota, but both failed the test of law
• CM Siddaramaiah-led Congress government in Karnataka implemented 4% quota for Muslims when the party formed the government in 2018 with JDS support. The BJP government scrapped the same before the 2023 state poll
• In Dec 2011, the UPA cabinet, led by then PM Manmohan Singh approved 4.5% quota for backward Muslims within the 27% OBC quota. The same was struck down by AP High Court in 2012

The decision, notified on January 1, 2012, stemming from a recommendation of the Ranganath Mishra-led National Commission for Religious and Linguistic Minorities, was legally challenged.

In May 2012, the Andhra Pradesh High Court set it aside on the ground that it was sought to be implemented on the basis of religion and not backwardness of those it sought to benefit.

Petitioner R Krishaniah of the Andhra Pradesh State Backward Classes Association contended before the HC that the Union Cabinet decision was against the Constitution.

Disposing of the petition, the Bench of then Chief Justice Madan B Lokur and Justice Sanjay Kumar noted that the government order violated Articles 15(1) and 16(2) of the Constitution. Article 15(1) bars the state from discriminating on the basis of religion, race, caste, sex, place of birth or any of them.

Article 16(2) says, “No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of any employment or office under the State.”

The Bench said, “The very use of the words ‘belonging to minorities’ or ‘for minorities’ indicates that the sub-quota has been carved out only on religious lines and not on any intelligible basis.”

After the legal upset, the Congress renewed the backward Muslim quota pitch in the run-up to the 2014 Lok Sabha poll.

In its manifesto released on March 26, 2014, the party said, “The Congress-led UPA government has taken steps to address the condition of backward minorities by aiming to provide them reservation in educational institutions and government employment. We will pursue this matter closely in the court and ensure that the policy is implemented through proper legislation.”

After the 2014 manifesto release, the Congress, in an additional document, promised a 4.5 per cent backward Muslim quota within the existing OBC quota in central jobs and educational institutions.

The Congress’ 2014 election debacle led to a rethink on its minority outreach plan with the AK Antony committee set up to introspect the loss identifying overt minority appeasement by the party as a major cause behind the alienation of other communities.

Subsequent Congress LS manifestoes in 2019 and now 2024 continue to side step the minority quota issue.

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