A brief history of religion-based reservations in India; the question of Muslims’ inclusion

Subject: Polity

Sec: Constitution

Context:

In this election season, India is debating fundamental constitutional questions around reservation.

Various debates regarding reservation:

Can a secular country like India have religion-based reservation?
Have Muslims ever been given reservation by reducing the quota for Scheduled Castes (SCs), Scheduled Tribes (STs), or Other Backward Classes (OBCs)?

Does reservation for SCs that is limited to only certain religious denominations amount to reservation based on religion?

What the Indian Constitution says on religion-based reservations?

The Constitution of 1949 dropped the word ‘minorities’ from Article 296 of the draft constitution (Article 335 of the present Constitution), but included Article 16(4) that enabled the state to make any provision for reservation in favor of any backward class of citizens which is not adequately represented in the services under the state.
The first constitutional amendment inserted Article 15(4), which empowered the state to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
Article 15 specifically prohibits the state from discriminating against citizens on grounds only of both religion and caste (along with sex, race, and place of birth).
The crucial word in Articles 15 and 16 is ‘only’ — which implies that if a religious, racial, or caste group constitutes a “weaker section” under Article 46, or constitutes a backward class, it would be entitled to special provisions for its advancement.
Article 341 of the Constitution and the 1950 Presidential Order state that only Hindus are entitled to inclusion within SCs.
However, Sikhs were included within SCs in 1956, and Buddhists in 1990.
Muslims and Christians remain excluded.
It could be argued that this too, is ‘religion-based’ reservation.

Judicial pronouncements:

The Supreme Court in E P Royappa vs State Of Tamil Nadu, 1973 case, has held that equality is a dynamic concept with many aspects and dimensions, and it cannot be “cribbed, cabined and confined” within traditional and doctrinaire limits.
In M R Balaji vs State of Mysore (1962), the court noted that Muslims or for that matter Christians and Sikhs etc., are not excluded for the purpose of conferring the benefits under Articles 15(4) or 16(4).
In Indra Sawhney (1992), the Supreme Court held that in a particular state, Muslim community as a whole may be found socially backward.

About Kerala Muslim sub-quota:

Religion-based reservation was first introduced in 1936 in Travancore-Cochin state.
In 1952, this was replaced by communal reservation.
Muslims, who constituted 22% of the population, were included within the OBCs.
After the state of Kerala was formed in 1956, all Muslims were included in one of eight sub-quota categories, and a sub-quota of 10% (now 12%) was created within the OBC quota.

Committee Recommendations:

The Justice Rajinder Sachar Committee (2006) found that the Muslim community as a whole was almost as backward as SCs and STs, and more backward than non-Muslim OBCs.
The Justice Ranganath Misra Committee (2007) suggested 15% reservation for minorities, including 10% for Muslims.