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”.
