The Resurfacing Debate Over 5% Quota for Muslims in Andhra Pradesh (GS Paper 2, Polity & Governance)
Why in News?
- The resurgence of the debate surrounding the 5% reservation granted to Muslims in Andhra Pradesh in 2004 has brought back discussions on religion-based reservation.
Background of Muslim Reservation in Andhra Pradesh
- In Andhra Pradesh, approximately 9.5% of the population comprises Muslims. Some Muslim groups are already included in the state's Other Backward Classes (OBC) lists with quotas ranging from 7% to 10%.
- There is a push to include all Muslims in the OBC category, following the models of Karnataka and Kerala.
Reservation in 2004:
- In June 2004, the government examined the socio-economic and educational status of Muslims for inclusion in the OBC list, leading to a 5% reservation under Articles 15(4) and 16(4).
- The Andhra Pradesh High Court struck down the quota for not being referred to the Backward Classes Commission and for not excluding the creamy layer, citing that the Muslim community cannot be considered a homogenous group.
Reservation in 2005:
- The Backward Classes Commission recommended reservations for the entire Muslim Community, stating they are socially, educationally, and economically backward.
- An ordinance granting a 5% quota to Muslims was introduced, subsequently replaced with legislation.
- The High Court struck down the quota again, stating that the Commission did not rely on objective criteria to conclude that Muslims as a group were backward in Andhra Pradesh.
Current Status:
- The Supreme Court was scheduled to hear the case in 2022, but it was postponed after the resolution of the Economically Weaker Section (EWS) quota issue.
- The EWS quota was cleared in November 2022, but the AP quota issue is pending.
Arguments Related to Religion-based Reservation in India
Arguments in Favor:
- Socio-Economic Backwardness: Muslims lag behind in socio-economic indicators, and reservations can bridge this gap.
- Constitutional Mandate: The Constitution allows affirmative action for socially and educationally backward classes, irrespective of religion.
- Ensuring Representation: Reservations ensure adequate representation of underrepresented religious groups.
Arguments Against:
- Secularism: Religion-based reservations contradict secularism, which advocates equal treatment of all religions.
- Undermining Unity: Such reservations could undermine national unity by fostering resentment among communities.
- Economic Criteria: Reservations should be based on economic criteria to ensure benefits reach the truly disadvantaged.
- Administrative Challenges: Implementing religion-based reservations poses administrative challenges.
Way Forward:
- Socio-Economic Criteria: Reservations could be based on socio-economic factors to ensure benefits reach the most disadvantaged individuals.
- Education Empowerment: Focus on improving educational infrastructure and skill development programs.
- Inclusive Policies: Implement policies addressing the needs of backward communities without resorting to religious-based reservations.
- Dialogue and Consensus: Engage stakeholders to address socio-economic challenges in line with constitutional values.
