Muslim Quota at Centre of Controversy Amid Polls: What Does The Constitution Say?

New Delhi: In India, during election seasons, heated debates often revolve around fundamental constitutional issues, particularly concerning reservation policies. One of the controversial topics which is making headlines is whether a secular nation like India should implement reservation based on religion. Specifically, discussions have emerged regarding whether Muslims have ever received reservation benefits at the expense of quotas allocated for Scheduled Castes (SCs), Scheduled Tribes (STs), or Other Backward Classes (OBCs). 

Speaking to reporters on Wednesday, Rashtriya Janata Dal (RJD) president Lalu Prasad said he was in favour of extending reservation benefits to Muslims. "Reservation toh milna chahiye Musalmano ko, poora," he said, alleging that the ruling BJP at the Centre wanted to do away with reservations by scrapping the Constitution. "The BJP is against the provision of reservations made in the Constitution. Hence, it wants to do away with both", Prasad told reporters at the legislative council premises. The ailing septuagenarian, who nowadays prefers to stay indoors, was attending a swearing-in ceremony where his wife Rabri Devi took oath as an MLC.

Muslim Quota Row: What Does The Constitution Say?

The 1949 Constitution omitted the term 'minorities' from Article 296 but introduced Article 16(4), allowing the state to provide reservation for underrepresented groups in government services. The first constitutional amendment added Article 15(4), enabling special provisions for socially and educationally backward classes, as well as Scheduled Castes and Scheduled Tribes.

Article 15 prohibits discrimination solely based on religion, caste, and other factors, with reservation seen as an extension of equality post the NM Thomas case. Articles 15 and 16 emphasize that if a group is considered weak or backward, it can receive special provisions.

Some Muslim castes were included in reservations under the OBC category without impacting SCs, STs, or OBCs' quotas. The Mandal Commission followed suit, including several Muslim castes in the OBC list, a principle upheld by the Supreme Court in the Indra Sawhney case, stating that any socially backward group, regardless of identity markers, can be considered for reservation.   

No Religion-Based Reservations: PM Modi

Launching a veiled attack on Lalu, Prime Minister Narendra Modi said the INDIA bloc leader, “who is out on bail in the fodder scam”, has revealed the Congress and its allies' intention to transfer the Scheduled Caste, Scheduled Tribes and Other Backward Classes' quota to the country's largest minority community.

"Congress is silent but today one of its allies confirmed the intentions of the INDI alliance. Their leader is in jail in connection with the fodder scam and has been punished by the court...He has just come out on bail...He said that Muslims should get reservations and not just reservations, he says that Muslims should get complete reservations. What does this mean? These people want to snatch away all the reservation that SC, ST and OBC communities have and give complete reservation to Muslims," PM Modi said. 

In several instances, Prime Minister Modi has unequivocally asserted that religion should not be the determining factor for granting reservations.  During an election rally in Hyderabad, Telangana, he had made it clear that he would oppose any attempts by the Congress to introduce reservations based on religion for Muslims as long as he is alive.

“The Constitution makers led by Dr. B.R. Ambedkar had decided against religion-based quota and made it only for the SC/ST/BCs. But the Congress party and its ‘prince’ (Rahul Gandhi), are undermining the Indian Constitution by snatching away the rights of the marginalised sections by bringing quota for the Muslims through the backdoor for their vote bank politics. As long as Modi is alive, I will not let reservations of Dalits, Adivasis, or OBC be given to Muslims on the basis of religion."