In the run-up to the Lok Sabha polls, the BJP leaders have intensified their attacks on Congress over Muslim reservation, alleging that the Congress wants to snatch the rights of SCs, STs and OBCs to benefit Muslims.
The Congress-led Karnataka government caught itself at the centre of a controversy for including all castes and communities of Muslims in the Other Backward Classes (OBC) category. The row over Muslim quota erupted after the National Commission of Backward Classes (NCBC) brought the issue to the forefront, emphasising that such blanket categorisation “undermines the principles of social justice”.
Subsequently, BJP accused the Congress of seeking to snatch the rights of SCs, STs and OBCs to benefit Muslims, alleging that it is the hidden agenda of the opposition party.
At an election rally in Tonk, Rajasthan, Prime Minister Modi specifically cited attempts to provide a 5% quota for Muslims in Andhra Pradesh as a “pilot project, which Congress wanted to try in the entire country”. He said Congress has been pushing for reservations based on religion for the last several years.
Uttar Pradesh chief minister Yogi Adityanath on Friday, April 26, said Congress’ attempt to implement Muslim quota in Karnataka was a part of the agenda to push the country towards ‘Islamisation and division’.
Union home minister Amit Shah said BJP will end the 4% reservation in the Telangana if BJP comes to power in the Centre again. This was however not the first time that the BJP voiced its stance on the Muslim quota. Last year in June, while addressing a rally in Maharashtra, Union Home Minister Amit Shah said that “reservation for the Muslim community is against the Constitution.”
Muslim quota
While the BJP leaders’ statements make it seem that quota for Muslim in different states is separate from reservation for OBCs, many Muslim communities are included within the reservation criteria for OBC at both central and state levels. The OBC quota is based on criteria of social and educational backwardness. Article 16(4) of the Constitution stipulates reservation for a “backward class of citizens, which, according to the State, is not adequately represented in state services.”
In its report, the third Backward Class Commission led by Justice O Chinnappa Reddy classified Muslims as “educationally and socially backward.” It further concluded that the economic situation of Muslims closely resembles that of the SCs in various educational aspects. Consequently, it recommended exclusive educational reservations for Muslims under Article 15(4) of the Constitution. Similarly, the Justice Sachar Committee report in 2006 reached comparable conclusions.
It is important to note that, OBC reservations exclude the “creamy layer” (Rs 8 lakh annual income or more) — members of backward classes who are better off socially, educationally or economically. This means socially progressive and affluent Muslims are not entitled to this benefit.
The OBC quota works differently in different states.
In Karnataka, for example, Muslims had a 4% sub-quota within the 32% OBC quota, which the Basavaraj Bommai government in 2023 redistributed among Vokkaligas and Lingayats. Kerala has an 8% Muslim quota in its 30% OBC quota.
Likewise, reservations for Muslims in Telangana are not separate, but only part of the BC reservation quota. Several other states, including Tamil Nadu and Bihar, have Muslim caste groups in their OBC quota.
Revocation of Muslim quota in Karnataka
The BJP government in Karnataka, led by Basavaraj Bommai, in 2019 scrapped the 4% reservation for Muslims ahead of the 2023 assembly polls. The decision was criticised by the Congress and JDS, then in opposition, as “unconstitutional.”
The BJP defended its move, saying that the grant of reservation to an entire community based on religion is constitutionally impermissible and that Muslims would continue to benefit from the Economically Weaker Sections (EWS) quota.
The Congress contested the decision in the Supreme Court, leading to a stay on the Bommai government’s move just before the 2023 Assembly polls. The decision aimed to cancel the 4% reservation for Muslims and redistribute it among the Vokkaligas and Lingayats.
In April 2023, the Supreme Court while hearing petitions challenging the move said that the government’s decision was “prima facie shaky and flawed.”
JDS leader HD Kumaraswamy, who is now in alliance with the BJP for the ongoing Lok Sabha elections, had accused the BJP of scrapping the 4% quota to instigate conflict between the Hindus and Muslims in the state.
In a report by The Hindu, political scientist Muzzafar Assadi pointed out that Muslims were categorised as a backward class and not given reservations based on religion. “Muslims were included in the OBC list based on a study of their socio-economic conditions and recommendations by the .G. Havanur and Chinnappa Reddy Commissions. This has been further confirmed by the Sachar Committee Report. On what basis did the State government decide that Muslims were no longer “backward” and they were to be considered a “forward” community?” he asked.
Karnataka Congress president and current Deputy CM DK Shivakumar vowed to revoke the Bommai order if the Congress came to power.
The Congress also promised to restore the 4% quota for the Muslim community in its manifesto ahead of the Karnataka Assembly elections, which the party won decisively.
NCBC’s ‘politically motivated’ announcement
On April 24, 2024, just ahead of Lok Sabha polls, NCBC chairperson Hansraj Gangaram Ahir announced that he will summon Karnataka chief secretary over the state’s OBC quota, which includes blanket reservation for Muslims under Category II-B.
CM Siddaramaiah responded, denying any recent changes to the OBC reservation. He accused the NCBC of being politically motivated, insisting that Muslim BC reservation has existed since March 3, 1977, and has passed legal scrutiny.
Responding to PM Modi’s Tonk speech, Siddaramaiah said the PM’s claim that the Congress government in Karnataka transferred the reservation quota from backward classes and Dalits to Muslims is “a blatant lie”.
The inclusion of Muslims in the BC quota is often associated with HD Deve Gowda’s JD government in 1995, which created a separate classification, 2B, within the OBC quota. Interestingly, Deve Gowda’s JD(S) is now allied with the BJP-led NDA in Karnataka.
Andhra Pradesh quota
In 2004, Andhra Pradesh witnessed a significant development regarding Muslim reservation. Proposed in 1993-1994 under the Kotla Vijayabhaskar Reddy-led Congress government, the idea emerged from concerns about educational and socio-economic disparities within the community.
Following its electoral promise, the Congress government, within a month of assuming power in June 2004, tasked the Commissionerate of Minorities Welfare to assess the socio-economic and educational status of Muslims for potential inclusion as OBCs. Initially set at 5%, this quota faced legal challenges, resulting in a reduction to 4% by the High Court due to the 50% cap on reservations. Despite subsequent attempts by the state government to reinstate the 5% quota through ordinances, the High Court consistently struck down these efforts.
