Karnataka’s decision has brought the reservation cap to about 57 per cent now. (File)
New Delhi:
The Karnataka government has told the Supreme Court that it has taken a “conscious decision” not to continue with reservation based on religion alone as it is unconstitutional and therefore scrapped the provision of four per cent quota for the Muslim community.
The state government filed its reply on a batch of petitions challenging its two orders of March 27, which sought scrapping of the 4 per cent quota for Muslims in the 2B category of ‘Other Backward Castes’ and increased reservation for Vokkaligas and Lingayats in admissions. Giving benefits of quota and appointments in government jobs.
“The State Government took a conscious decision not to continue with the reservation on the basis of religion only as it is unconstitutional and contrary to the mandate of Articles 14 to 16 of the Constitution of India. Therefore, vide two orders dated the 27th March, 2023, The four per cent reservation in favor of the Muslim community was removed and the members of the Muslim community were now allowed to claim the benefit of reservation under the EWS scheme which is 10 per cent.
The top court on Tuesday said that the previous government’s 4 per cent reservation to Muslims in Karnataka will continue till May 9, the eve of voting for the assembly elections, after the state government sought more time to file its reply. The court will hear the matter again on May 9.
In its reply, the state government said that reservation based only on religion is also contrary to the principles of social justice and the concept of social justice aims to protect those who are disadvantaged and suffer discrimination within the society.
“Inclusion of an entire religion in the said ambit would be antithetical to the concept of social justice and the ethos of the Constitution. It is humbly submitted that therefore reservation cannot be granted to any community on the basis of religion alone”, it said, He said that the provision of reservation on the basis of religion would also be contrary to the concept of secularism.
In a lengthy affidavit, the state government has said that the petitioners have sought to “give color to the exercise” in question which is completely baseless.
“The timing of the judgment, etc. without the petitioners clearly indicating that reservation on the basis of religion is constitutional and acceptable. Merely because reservation on the basis of religion has been provided in the past is no ground for its continuance. ” Equal forever, more so when it is based on an unconstitutional principle,” it said.
The state government said that historically, Karnataka has adopted conscious governance initiatives through affirmative action to address social and economic backwardness and to make public service more inclusive and representative of the population.
It referred to the report of the Three Backward Classes Commission and said that so far as reservation on the basis of religion alone is concerned, it is submitted that it is not justified.
The state government, in its affidavit filed through advocate Shubhranshu Padhi, said that the inclusion of the Muslim community in the category of Other Backward Classes in 1979 was against the recommendations of the First Backward Classes Commission headed by LG Havanur.
“Subsequently the said inclusion has been continued subsequently mainly on the basis of economic backwardness. It is pertinent to state that reservation for economically weaker sections was not contemplated in the constitutional scheme at that stage. Govt Order No. 30, 2002”, adding that unlike backward castes/classes who were Muslims who were provided reservation in Category I, the entire religion has been added to Category II B.
The State Government said that it is pertinent to note that the groups of the Muslim community which were found to be backward and were mentioned in Group I of the 2002 Reservation Order are enjoying the benefits of reservation.
“Apart from that, the State Government created Category II-C and II-D of reservation. Category II-C included communities including Vokkaliga community which were earlier as Group III-A. Similarly a new II- D group includes all those communities of III-B including Lingayat community.Category II-C and II-D reservation was provided at 6 percent and 7 percent respectively.
The State Government stated that this was done as it was part of a long-standing demand of the members of the said communities (Vokkaligas and Lingayats) who have been agitating for the rights of the members of their communities and they were given earlier Was also part of the reservation. in 2002.
“Thus, the petitioner has no locus standi to question the inclusion or grant of benefits to any other community, so who were not provided benefits on the ground of religion. To that extent, the present writ petition deserves to be dismissed Needed.” , it said.
The state government said the power to classify a group of citizens as a Socially and Educationally Backward Class (SEBC) has to be constitutionally exercised in accordance with the provisions of Articles 14, 15 and 16 of the Constitution of India.
“Assuming for the moment that any Commission had recommended inclusion of Muslims in the backward castes, it does not negate the power of the State Government to decide in accordance with law. That power is a constitutionally conferred power. The state government has been entrusted with providing security to the backward classes,” it said.
It said, therefore, the power to provide reservation arising from Articles 15 and 16 can be exercised by executive directions, which amount to legislation within the meaning of Article 13 of the Constitution of India.
The BJP government, at the end of its term on March 24, decided to scrap the 4 per cent reservation for Muslims under the 2-B category. The 4 percent was later divided into two and distributed between Vokkaligas in the 2-C category and Lingayats in the 2-D category.
Muslims eligible for the quota were classified under the Economically Weaker Sections.
The state government’s decision has brought the reservation limit to around 57 per cent now.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)