In a significant judgment, the Supreme Court today permitted Andhra Pradesh to provide 4 per cent reservation in jobs and education for backward members of the Muslim community but referred to a special bench the issue of its Constitutional validity. Lifting the stay on the AP government's decision, a three-judge bench of Chief Justice K G Balakrishnan, Justice J M Panchal and B S Chauhan said, "Since it involves important questions of Constitution, we are referring the matter to a Constitution bench," for hearing in the second week of August.
As many as 14 Muslim groups identified as socially and educationally backward sections by the State Backward Commission would now be eligible for the benefit. “The government is of the view that certain sections of the Muslim community are socially and educationally backward. What is wrong in it? It is only a question as to how you identify them. It is not a question as to whether they are Hindus or Muslims but the question is social and educational backwardness,” the bench observed while passing the order. The decision came on a special leave petition filed by the state government challenging the ruling of a seven-judge bench of the high court, which had quashed the impugned policy as being unconstitutional on the ground that reservation cannot be extended on the basis of religion.
Attorney General G E Vahanvati argued that the HC did not properly apply its mind while passing the judgment as it failed to consider the fact that identification of the most backward groups among the Muslim was done by the State Backward Commission.
Appearing on behalf of some pro-reservationists, senior counsel K Parasaran argued that while barbers, dhobis and those working in cremation grounds in the Hindu community were extended reservation benefits under the backward class, similarly placed groups in the Muslim community were deprived of the benefits.
However, senior counsel Harish Salve appearing on behalf of Muralidhar Rao and other anti-reservationists cautioned that extending “religion-centric” reservations posed a grave “danger of fissiparous tendencies developing in the country.” A seven-judge Constitution bench of the HC had by a majority judgment of 5:2 held the Andhra Pradesh Reservation for Socially and Educationally Backward Classes of Muslims Act, 2007 "unsustainable" and violative of Article 14 (equality before law) and other provisions pertaining to prohibition of discrimination by State on grounds of religion, race, caste, sex or place of birth.
