Why in news?
- The Telangana assembly passed a law increasing the reservation for OBC Muslims in jobs and education from 4% to 12%.
- It asked the Centre to include the 62% reservation in the state in the Constitution’s Ninth Schedule — on the pattern of Tamil Nadu, which has 69% reservation.
Why is the demand being made?
- 90% of Telangana’s population is SC/ST and OBC and so the 50% limit is irrational in the state’s case.
- The Hyderabad High Court had twice struck down reservation for Muslims earlier.
- So the state government is keen to get its new reservation law inserted in Schedule Nine.
- The 50% cap on reservation is a judicial innovation and is not mentioned in the Constitution.
- As of now the IX schedule does not provide complete immunity from judicial review.
Is the demand justified?
- The latest legislation cannot be called reservation for Muslims as the benefits will not include all Muslims in the state.
- They will only be for some Muslim castes such as butchers, carpenters, gardeners and barbers.
- Similar occupational castes among the Hindus enjoy the benefits of reservation.
- The legislation passed by the Telangana assembly will thus benefit certain classes identified on the basis of social and educational backwardness.
- This will not be against Article 15(1) of the Constitution which prohibits discrimination “only on the basis of religion”.
Source: The Indian Express
