ABSTRACT
This paper is aimed at explaining the concept of “Quota for Muslims: Does Indian Constitution permits it? Muslims are provided the reservation because in the Indian Constitution they are recognized as socially and educationally backward class in the Article 15 (4) and citizens of backward class in the Article 16 (4). Therefore, the Muslims cannot be given reservations solely on the basis of religion without any provision which is accepted by the Law.
INTRODUCTION
If the reservation will based only on the religion then the struggle of the judiciary will rise. However, in certain places some people are admitting Islam as a religion but regarded as backward castes are also enjoying the provision of reservation in many of the states. So, because of this it is like contradictory. The Muslims have made different groups of caste at different places but they recognize themselves as Jamat. The Courts have made reservations for the backward caste people under the OBC category. Through the speech of Dr. BR Ambedkar which he gave in the Constituent Assembly by using the word “communities irrespective of “caste” which includes all the groups.
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CONSTITUTIONAL PROVISION
Our country is allowing reservation of religion based by using the provision of Constitution i.e. if we talk about Article 341 which grants to mention the castes to be included in the List by the consent of the President and it can only done by a notification. Article 15 of the Indian Constitution says that “No citizen can be discriminated on the basis of religion, race and caste”. Whereas Article 14 says that every person shall be treated equal in the eyes of law or get equal treatment from the Law. Article 16 says that every citizen will get equal opportunities in the employment. There are various provisions which are given under the Indian Constitution through which any citizen entitled or claim that article. These provisions are made for the benefit of the citizens. Therefore, no citizen shall take benefit only on the basis of religion.
RESERVATION SYSTEM
India is a developing country where it has to face various issues and challenges and reservation is one of the issues amongst all of them. The current scenario says that the people of the lower castes are facing issues in their daily lives. Today there are various groups like Hindus, Muslims, SC, ST, OBC for which the reservation is made on the different basis and the new reservations are also coming for the Christians, Tribals, Jats etc. There is need to understand that reservation only discriminate the societies. There are various places in which reservations are made in the educational institutions, policies of the government etc.
There was a commission named “Mandal Commission” in the year 1979 by the Central Government to recognize the people of backward groups. It was also a question of reservations of seats in knowing the caste. It uses various indicators to determine backwardness. The 93rd amendment of Constitution provides the government to make provisions for the advancement of socially and backward class of citizens which also includes the admission in the institutions. This is also established in companies and private institutes. This creates a problem for the general people as their reservation percentage gets less..
In a renowned case “Balaji v/s State of Mysore (AIR 1963 SC649)” [1]it was held that no person can be judge on the particular caste that he is backward or not. What is surprising is that our constitution clearly is a reservation-friendly constitution but nowhere in the constitution is the term ‘backward classes defined. In this case there are various questions which arose for ascertaining the backward caste people.
CONCLUSION
Through this article, I would like to conclude that reservations are somehow good to a particular time. These are basically made for the benefit of the citizens so that they can enjoy or entitled this right which is given to them. If we talk about the quota for Muslims then it is obvious that they are given reservation for their religion but they are getting protection because they are regarded as backward caste people.
However, there are various places in which the provisions of reservations are followed. This should be made to a particular extent but not more than that because if they will get the policies of reservation then the other people i.e. who are not belonging to backward caste will suffer the most.
[1] AIR 1963 SC 649
This Article is authored by – Kajal Kukreja, Student of B.Com LL.B, New Law College Pune, Maharastra
