28/5/2014 Constitution, Equality & Muslim Reservation

http://www.saharasamay.com/nation-news/opinion/676551048/constitution-equality-muslim-reservation.html 1/6
Hindi News | Samay | UP/Uttarakhand | MP/Chhattisgarh | Bihar/Jharkhand | Rajasthan | Aalami Samay
Gallery
Who is behind
Salman-SRK Diwali
clash?
Sunny Leone all set to
star in Tarzan movie
Deepika Padukone's
list of lovers
Miss Perfect Mumbai
2014
Selfie crazy cricketers
Meet Nawaz Sharif\'s
beautiful daughter
Maryam
Sanjay Dutts
entrepreneur daughter
is a head-turner
More
Constitution, Equality & Muslim
Reservation
Constitution, Equality &
Muslim Reservation
Prof. Faizan Mustafa
Vice-Chancel l or NALSAR Universit y of Law, Hyderabad
Last Updated : 05 Apr 2014 04:55:38 PM IST
1 Like
After independence, living under the
shadow of Pakistan, the Muslim
community was for long in a state of
depression because it was targeted
by the communal forces often in
collusion with the local
administration.
The promulgation of the Constitution
based on Democracy, Rule of Law, Social
Justice and Secularism, in 1949, though
the original Article 296 in the Draft Constitution providing for reservation for in
legislature and due representation in the executive had been dropped, had
revived their spirits to some extent. Unfortunately, during the years of transition
between 1947-77, the community remained diffident about its future, faced as it
was with recurring communal violence, blatant hostile discrimination and
systematic vilification. By early eighties the community realized that its future
unquestionably lay in its motherland and that, along with the emergent social
forces that had been unleashed by democracy and development, it had both to
develop a stake in development and, at the same time, assert its equitable share
through participation in public life. Thus they started demanding their share in
the national developmental cake through affirmative action. Muslim reservation
was suggested by the Rangnath Commission also and UPA government did
provide 4.5 % reservation to minorities( not Muslims alone) before the U.P.
elections but the same was stayed as after losing elections UPA did not defend it
well in the Andhra High Court. The matter is in the apex court.Three issues are to
be understood here: is it religion based reservation and thus unconstitutional,
reservation for Muslims is unjustified as Islam does not recognize caste system
and by this kind of reservation, share of Hindu Backward castes is going to be
snatched away.

This is not religion based reservation. It is not reservation for minorities or for
Muslims. It is reservation for certain BCs identified on the basis of social and
educational backwardness. This is not a new reservation. The Backward Class
Minorities have already been identified in the Central List State-wise in 1993
based on commonality between each State List and the Mandal List for each
State and others on the statutory advices of the National Commission for
Backward Classes (NCBC) set up on the direction of Supreme Court in the
Mandal judgement. All of them were identified solely on the basis of social and
educational backwardness as prescribed by the Constitution. Religion of castes /
communities was not a factor at all neither a qualification nor a
disqualification. Any scheme of reservation can be criticized as one based on
religion only if all members / castes or communities of any religion are included in
toto and given reservation. In the State-wise Central List of Backward Classes,
just as certain castes of Hindus which are not socially backward are not included,
Muslim castes / communities like Syed, Pathan, Mogul, Arab, Irani, Cutchi-
Memon, Bohra, Khoja, etc., and Christian castes or communities like Syrian
Christians and Sikh castes like Jat Sikhs, Khatri Sikhs etc. are not included
because they are not socially backward. Obviously, castes/communities which
are included in the BC list and provided reservation are not based on religion
Entertainment
Kiara Advani launch sports bar
The team of Bollywood upcoming movie 'Fugly'
was seen at the launch of Tap sports bar in M
Are Justin Bieber and Yovanna Ventura dating?
Jay Z, Beyonce no show at Kimye wedding
related to Solange attack
Check out Kimye wedding photos here...
Sunny Leone the 'Sari wali girl'
Who is behind Salman-SRK Diwali clash?
Sunny Leone all set to star in Tarzan movie
Deepika Padukone's list of lovers
Sanjay Dutts entrepreneur daughter is a head-
turner
MORE...
Weird n' Wonderful
Aliens to be discovered soon
Home Sports Entertainment Regional Nation Business World Technology Lifestyle Gallery
[X]
28/5/2014 Constitution, Equality & Muslim Reservation
http://www.saharasamay.com/nation-news/opinion/676551048/constitution-equality-muslim-reservation.html 2/6
New Corolla Altis
launched
Desperate for World
Cup Glory
Vidya Balan in \'Bobby
Jasoos\'
MORE...
Sports
Ana Ivanovic
in Maxim's hot
100
The 26-year-old Ana
Ivanovic is the only
tennis star who made
the cut in 2014
Maxim's Hot
Desperate for World
Cup Glory
Sachin Tendulkar
names his ISL team -
Kerala Blasters
Stanislas Wawrinka
out of French Open
Maria Sharapova
advances easily at
French Open
Yohan Blake leads
Jamaica to glory
MORE...
and what has been done is not at all unconstitutional. Moreover the crucial word
in Art 15 Art 16 is only. This implies that if a religious, racial or caste group
forms a weaker section under Article 46 or constitutes a Backward Class under
Article 15(4) & 16 (4) of the Constitution, it is entitled to special provisions for its
advancement. The fact is that 66 years after independence the Muslims, and
other minorities, particularly in States and UTs where they form a minority,
constitute a Backward Class within the meaning of Articles 15(4) & 16(4) of the
Constitution. The Muslims have, therefore, been demanding reservation not
because they are Muslims but because they constitute as a Backward Class.

In the course of the debate in the Constituent Assembly, Dr. Ambedkar & others
repeatedly used the word community. Subsequently the Mandal Commission,
1980, following example set by several states, included sections of the Muslim
and other religious minorities in the list of OBCs. The Gopal Singh Panel, 1983,
proposed that Muslims should enjoy reservation at least in Groups C & D Posts,
because of their educational backwardness. The Supreme Court judgment in the
Inder Sawhey case laid down that any social group, whatever its mark of identity,
if it is found to be backward under the same criteria as the others, will be entitled
to be treated as a Backward Class. This was also the view take by former Chief
Justice Venkatachalliah when he presided over the National Commission on the
Constitution. The Sachar Report has scientifically & thoroughly established
through Government statistics & reports that the Muslims constitute a Backward
Class. This conclusion is also supported by the investigation conducted by the
Mishra Commission. More importantly, several states in India, particularly
Karnataka, Kerala, Tamil Nadu and Manipur, have included Muslims qua Muslims
in the Lists of Backward Classes & allocated them separate quotas. These
inclusions have not been judicial challenged. Obviously, the Constitution cannot
be interpreted differently in different parts of the country. The conclusion,
therefore, is that the Muslim community which constitutes a Backward Class is
entitled to reservation in government jobs and education as well as, benefits of
development and that reservation will act as catalyst for its uplift .

The inclusion of non-Hindu castes / communities in the list of BCs is not a new-
fangled innovation of vote-hungry politicians. Even before Independence, in the
southern States, Muslims or certain castes/communities of Muslims have always
been included in the BC lists along with Hindu and Christian backward castes.
This was also done by post-Independence State Backward Class Commissions
and the National-level Kalelkar (1953-55) and Mandal (1979-80) Commissions
the national Commissions also identified the BCs of Sikhs and Buddhists (before
SC converts to Buddhism were recognised as SCs). They were only recognizing
social reality without being influenced either way by the religion of members of
castes / communities found to be socially and educationally backward.

It is true that the social ideology of Islam is uncompromisingly egalitarian and
upholds equality and fraternity. But, the social system among adherents of Islam
is based on various social and economic factors. On account of socio-economic
factors, Muslim society in India (and also in some other parts of the world)
presents a picture of social inequality. The Indian Caste System is so all-
pervasive that J.H. Hutton, the scholarly Census Commissioner of 1931 rightly
observed: Caste was in the air, and neither the followers of Islam nor of
Christianity could escape the infection of caste; even the change of religion does
not destroy the caste system, for Muslims who do not recognize it as valid are
found to observe it in practice and there are many Muslim castes as well as
Hindus (Hutton, 1980 (1946)). This is not different from the situation among
adherents of other religions also. The Vedas and Upanishads proclaim the
universality of the same soul permeating all beings, human and even non-
human. But notwithstanding their lofty spiritual position, a virulent caste system
has emerged in the Hindu society. The socially perspective landmark Mandal
judgment of Supreme Court also notices the prevalence of the caste system
among adherents of non-Hindu religions. Therefore, it is illogical and factually
incorrect to say that because Islam does not recognise caste, there are no
castes or caste-like social collectivities within Muslim society.

According to Mandal Commission, BC Hindus formed 43.7%. At that time, Hindu
population was 83.84% of Indian population. 43.70% in 83.84% is same as 52
out of 100. Therefore, the Commission applied a rule of the thumb and assumed
that the percentage of BCs among non-Hindus would also be 52% of the
population of Minorities. At that time, the population of Minorities was 16.16%.
52% of 16.16% is 8.4%. The total population of BCs of all religions was
estimated by aggregating 43.7% plus 8.4% which is equal to 52%.The rule of the
Want to know if life exists beyond the Earth?
You may have to just wait for 20 more years!
Video: What the hell is wrong with
these parents?
Watch Video : Man catches baby
who fell from second floor
Amazing Video:Teenaged school
boy nails Micheal Jackson moves
Dad, my girlfriend is pregnant prank
video goes viral
Video: Abandoned child reveals her
ghostly demonic face
MORE...
Gadget
Microsoft launches Nokia XL
Microsoft Devices on Monday in New Delhi
launched the Nokia XL, the flagship large
screen
5 inch BlackBerry Z3 phablet coming to India
soon
BlackBerry opens its OS to mobile DMC
Motorola launches 'Moto E'
PICS: Nokia Lumia 630 launched in India
Karbonn to launch Titanium Hexa on Amazon
MORE...
28/5/2014 Constitution, Equality & Muslim Reservation
http://www.saharasamay.com/nation-news/opinion/676551048/constitution-equality-muslim-reservation.html 3/6
More
thumb is not quite accurate. But Mandal Commission had to take recourse to it
because the Census has persistently turned a blind eye towards the need for
furnishing the population of BCs in the country as it has been doing for SCs and
STs from the beginning. While it gives the population of each religious
community, it has stoutly refused to count the BCs within each of them.

Mandal Commission recommended a reservation of 27% for the 52% of BCs,
mainly to stay safely within the overall limit of 50% according to Supreme Courts
interpretation of the Constitution. Government of India accordingly provided 27%
reservation for BCs. 4.5% reservation for the Mandal-estimated 8.4% minority
population, out of 27% for 52% of whole-BC population, is all right arithmetically-
proportionately. This cannot be called excessive.

Muslims need reservation for a number of reasons. First, when the Constitution
was being drafted, the issue of definition of the backward classes arose. A
member of the Constituent Assembly asked whether backward classes include
minorities. Sardar Patel answered in the affirmative. Two, reservations for
Muslims are needed to fulfil the demand of social justice. Three, the empirical
data furnished by the Sachar Committee and the Justice Ranganath Mishra
Commission show that Muslims are socially and educationally backward. Four,
the argument that quotas should not be based on religion is wrong. Article 341 of
the Constitution and the 1950 Presidential Order state that only Hindus, Sikhs
and Buddhists can be called dalit. Is this not based on religion? Article 341
violates the fundamental right to equality. Five, the quota for Muslims is based on
their social, educational and economic backwardness. Six, Muslims face double
competition. They have to compete with the forward classes, and also with those
who already enjoy the benefits of reservation. The socio-economic indicators for
Muslims are worse than those of dalits. Muslims make up just two per cent in civil
services and their number is virtually nil in Class III and Class IV employment.
The development of Muslims would make india stronger as country cannot afford
to have such a large section of its population as uneducated and backward.
They are entitled to an equal share on the basis of equality and democracy.
Secularism has nothing to do with it.
1 Like
Post Your Comment (1 posted):
Post your comment
Your name :
Your e-mail address :
Your website :
Add your comments :

28/5/2014 Constitution, Equality & Muslim Reservation
http://www.saharasamay.com/nation-news/opinion/676551048/constitution-equality-muslim-reservation.html 4/6
Please enter the code you see in the image:
Security Code :
Submit
Written by Ramachanmdra Das about 1 month, 21 days, 18 hours, 2
minutes, 21 seconds ago
If VHP was banned from competing in election as a religious party, how is
that Muslim League is allowed to contest. Religion should be only a
personnel affair and State should not recognise any religion. Muslim=s who
ruled North India for about 300 years, before the British, and who enforced
Jessia, a tax Hindus had to pay at the time of Aurangazeeb, can be a
considered as a minority community. There are plenty of rich Muslims in
many parts of India who still avail themselves of the benefits intended for
BCs. This is not justice

Click on YourSingapore to Validate
28/5/2014 Constitution, Equality & Muslim Reservation
http://www.saharasamay.com/nation-news/opinion/676551048/constitution-equality-muslim-reservation.html 5/6
pics) and is not signing a
OMG Beauties slap each
other on Kapil Sharmas
show
The Xpose actress Sonali Raut and
Zoya Afroz came to blows while
promoting their movie on
Met Gala 2014: The Best
Fashion
Ryan Reynolds and Blake Lively
stepped out as a perfect couple
during the 2014 Met Gala .
Jennifer Lopez to get
ICON award
Jennifer Lopez has unveiled her
upcoming album "A.K.A." on twitter
and she will be the fir
Monica Lewinsky -Bill
Clinton private pictures
Monica Lewinsky is back.Breaking
years of silence, the former White
House intern at the ce
Poonam Pandey equates
Mumbai Cops with
Taliban
Controversy queen Poonam
Pandey, who says she was rudely
questioned by Mumbai cops for all
Kangana's hot photo
shoot
The Queen in a majestic photo
shoot reveals daringly. Seen in a
black itsy-bitsy for the c
Watch Muammer
Gaddafi's hot daughter
in law Aline Skaff
Daughter in law of slain Libyan
dictator Muammar Gaddafi,Aline
Skaff is hot and her style
Watch China's Military
Monkey Commandos in
action
The People's Liberation Army of
China has trained a small unit of
macaques to protect a no
Osama bin Laden's
wives fought for sex
Ranbir's late night with
Ayan and not with Kat
News Infotainment Group Sites
28/5/2014 Constitution, Equality & Muslim Reservation
http://www.saharasamay.com/nation-news/opinion/676551048/constitution-equality-muslim-reservation.html 6/6
Latest News
India News
Political News
World News
Sports
Cricket
Entertainment
Business
Education
Career
Regional News
Delhi/NCR News
Haryana News
Madhya Pradesh News
Punjab News
Chhattisgarh News
Uttarakhand News
Uttar Pradesh News
Bihar News
Jharkhand News
Rajasthan News
Real Estate
Lifestyle
Automobile
Gadgets
Tour & Travels
Lifestyle
Live TV
Magazine
Video Gallery
Photo Gallery
Archives
Weird & wonderfull
Health
India's leading Urdu Epaper
roznamasahara.com
India's leading Hindi Epaper
rashtriyasahara.com
Latest Photo Gallery
Gallery
About Us | Contact Us | Advertise with Us | Archive Search | Disclamier Policy |
Copyright 2013-14 Samay Live., All Rights Reserved
10.10.70.45