SUPREME COURT OBSERVATIONS ON RESERVATIONS

• Recent Observation (December 9):
  • The Supreme Court orally stated that “Reservation cannot be on the basis of religion”.
  • This was in response to a challenge against the Calcutta High Court’s decision striking down reservations for 77 classes — predominantly Muslim communities — within the OBC quota.
• Earlier Case (November 26):
  • The Court refused to recognize SC status for a woman who converted to Christianity, reigniting the debate over religion and caste-based reservations.

RELIGION AS CRITERIA FOR OBC RESERVATIONS

Constitutional Provision

• Article 16(4):
  • Empowers states to provide reservations for “backward class of citizens” not adequately represented in state services.
• State Examples:
  • Kerala: Reservations for Muslims within the OBC quota since 1956.
  • Karnataka: Reservations since 1995 following the Justice O. Chinnappa Reddy Commission report.
  • Tamil Nadu: Extended OBC reservations to Muslims in 2007.

Important Reports

• Justice Rajender Sachar Committee (2006):
  • Found abysmally low representation of Muslim OBCs in Central Government departments.
• Indra Sawhney Judgment (1992):
  • Key Point: Religion cannot be the sole criterion for providing OBC reservations.
  • Group identities (e.g., religion, caste) may be relevant but need objective criteria to determine backwardness.

Recent High Court Ruling

• Calcutta High Court (May 2024):
  • Struck down reservations for 77 classes, 75 of which were Muslim communities.
  • Reason: No “objective criteria” were used, and religion appeared to be the sole basis for declaring these communities as OBCs.

RELIGION AS A BARRIER IN SC RESERVATIONS

Constitutional Provisions

• Article 341(1):
  • Gives the President the power to specify SC communities.
• Scheduled Castes Order (1950):
  • Restricted SC status to Hindus.
  • Later expanded to include:
    • Sikhs (1956)
    • Buddhists (1990)

Legal Challenges

• Soosai v. Union of India (1985):
  • SC denied SC benefits to a Christian convert.
  • Key Condition: Converts must prove that caste-based handicaps persist in the new religion.

Commissions and Recommendations

• Ranganath Mishra Commission (2007):
  • Found caste discrimination exists across all religions.
  • Recommended that changing religion should not impact SC status.
• Current Scenario:
  • Pending Case: Ghazi Saaduddin v. State of Maharashtra challenges the validity of the 1950 order.
  • Balakrishnan Commission (2024): Examining the inclusion of religious converts in SC status.

SUPREME COURT CHALLENGES AND PENDING ISSUES

1. SC Reservations for Converts

• The Court is examining whether converts to Christianity and Islam can retain SC status.

2. OBC Reservations for Religious Groups

• Andhra Pradesh (2005):
  • The AP High Court struck down a law granting 5% reservations to Muslims.
  • Reason: Absence of “objective criteria” to label Muslims as a backward class.
• Supreme Court’s Role:
  • Currently reviewing whether religious groups as a whole can be granted OBC reservations.