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Religion and Reservations in India: Complex Interplay and Current Issues
Context:
The relationship between religion and reservations in India has been a contentious issue for decades. Recent judgments, like the May 2024 Calcutta High Court decision, have reignited discussions on reservations for religious groups under the OBC and SC categories.
About the Current Judgment:
- In May 2024, the Calcutta High Court struck down reservations for 77 classes, predominantly from the Muslim community, ruling that the reservations were based solely on religion.
- The court emphasised that any inclusion in the OBC category must be backed by objective social, economic, and educational criteria rather than religion alone.
- Earlier, on December 9, 2023, the Supreme Court orally observed that “reservation cannot be on the basis of religion”, further reflecting the judiciary’s position that affirmative action must be non-religious in nature but rooted in measurable backwardness.
Relationship Between Religion and Reservations:
Reservations in India are primarily meant to uplift socially and educationally backward classes (SEBC) and those historically discriminated against based on caste. However, religion adds a layer of complexity:
- Certain communities, despite belonging to different religions, face similar socio-economic disadvantages.
- Courts and governments have struggled to define whether religious identity can form the basis for inclusion in reservation categories.
While caste is inherently associated with Hinduism, other religions like Islam and Christianity do not officially recognize caste, though caste-based distinctions persist informally.
Religion as a Criterion for OBC Reservations:
- The Constitution of India does not explicitly bar religious groups from being beneficiaries of OBC or Scheduled Tribe (ST) reservations. However, such inclusions must be justified by measurable backwardness criteria.
- State-Level Examples of Reservations for Muslims
- Kerala (1956): Kerala was among the first states to provide OBC reservations for Muslims.
- Karnataka (1995): Based on Justice O. Chinnappa Reddy Commission’s findings (1990), Muslims were recognized as socially and educationally backward.Tamil Nadu (2007): Specific Muslim groups were included under the OBC category.
Justice Sachar Committee (2006):
The Sachar Committee highlighted the socio-economic deprivation faced by Muslims, noting:
- Extremely low representation of Muslims in government jobs and educational institutions.
- Benefits of existing OBC reservations had not effectively reached Muslim OBCs.
Supreme Court View:
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- The Indra Sawhney case ( 1992) clarified that religion cannot be the sole criterion for reservations. However, it can be a relevant factor in identifying backwardness. The Court held that inclusion in OBC must focus on social and educational backwardness.
- Calcutta High Court Ruling (May 2024): The court invalidated OBC reservations for certain Muslim classes, citing the absence of objective backwardness criteria and reliance on religion alone.
- Soosai v. Union of India (1985): A Christian convert was denied SC benefits as caste-based disadvantages were deemed absent in Christianity.
- Supreme Court Observation (2023): Reaffirmed that reservations cannot be religion-based.
Constitutional Provisions and Views:
- Article 16(4) empowers the State to provide reservations for “any backward class of citizens” that are underrepresented in government services.
- Article 15(1) and Article 16(2) prohibit discrimination based on religion. However, these do not prevent the State from addressing the backwardness of specific groups, including religious minorities.
- The Constitution allows affirmative action for classes determined to be backward, but the basis must be social and educational criteria, not solely religion.
Religion as a Barrier in SC Reservations:
- Article 341(1) empowers the President to specify castes, races, or tribes as Scheduled Castes.
- The Scheduled Castes Order, 1950, restricts SC status to Hindus, Sikhs, and Buddhists.
- Converts to Islam or Christianity have historically been denied SC status, as these religions do not officially recognise caste.
Efforts to Include Converts in OBC Category:
Efforts to include religious converts under the SC or OBC category have faced challenges:
- PV Narasimha Rao Government (1996): Proposed an amendment to the SC Order to include Christians.
- KG Balakrishnan Commission (2022): Formed to examine the SC status of converts to Islam or Christianity, with a report pending in October 2025.
- Ranganath Mishra Commission (2007): Recommended including Christians and Muslims in SC lists, but the government contested these findings.
Despite these efforts, the socio-legal hurdle remains that caste-based discrimination must persist for eligibility.
Issues with Proving Reservations Based on Religion:
- Objective Criteria: Reservations must be based on measurable social, educational, and economic backwardness, not religion alone.
- Judicial Scrutiny: Courts have consistently struck down religion-based quotas lacking objective studies.
- Exclusionary Provisions: The SC Order (1950) excludes Muslims and Christians, creating inequalities for Dalit converts.
Pending Issues Before Courts:
Key Cases:
- Ghazi Saaduddin vs State of Maharashtra: Challenges the constitutionality of excluding Christians and Muslims from SC status.
- Pending SC Hearing on OBC Reservations: The issue of whether religious groups can be identified as OBC remains unresolved.
The Supreme Court must decide on:
- Constitutionality of Clause 3 of the SC Order, 1950.
- Whether reservations for religious groups under OBC quotas are valid based on objective backwardness criteria.
