26 March 2010

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India - Supreme Court allows 4% Muslim Reservation a Complete Case study

India - Supreme Court allows 4% Muslim Reservation a Complete Case study –

Reality Views by sm -

1. The Andhra Pradesh Government in 2004 passed a Government Order to provide 5 percent reservations to Muslims.

2. This government order was challenged in the High court

3. High court struck down the order as the backward classes commission was not consulted before passing this order with other reasons.

4. Again, in the year 2005, the government passed an ordinance providing 5 percent reservations to entire Muslim community in consultation with the backward class’s commission.

5. Again, this order of government was challenged in the High Court.

6. This time also High court struck down the government order for many reasons. High court said that Muslims as a community are not homogeneous. The entire religion cannot be considered as ‘backward’, the order and act did not differentiate between ‘creamy layer’ and other backward Muslim groups. High court also said that by granting blanket reservation to Muslims it provides an incentive for conversion from other religions to Islam in order to avail the benefits of the reservation. The Court also applied the principles laid down by the Supreme Court as the reservation limit had exceeded 50 percent.

7. After this decision of High court in the year 2005, the government constituted a committee to look into the backward communities amongst the Muslims and find groups that belong to the backward class.

8. The State had moved a bill in the Assembly based on a report submitted to it by Andhra Pradesh Commission for Backward Classes (APBC).

9. The bill was later passed by the Assembly. The report had recommended that the socially and educationally backward should be adequately represented in the State.

10. The Government Order was issued on July 7, 2007 providing for quota to Muslim groups.

11. In the year 2007 the Andhra Pradesh Government again by using the legal loopholes reduced the 5 percent reservation by one percent and made it 4 percent reservation so that it did not exceed the 50 percent limit which was set by the supreme court of India

12. Again, this time also matter reached the high court and 7-judge bench presided over the issue and heard the case for more than a year.

13. A seven-judge constitution bench of the Andhra Pradesh High Court had by a majority judgment of 5:2 held that the law providing 4 per cent reservation to backward class Muslims in the State was `unsustainable’ and violative of Article 14, 15(1) and 16 (2) of the Constitution.

14. The High Court had passed the judgment holding the Andhra Pradesh reservation in favor of socially and educationally backward classes of Muslims Act, 2007 unsustainable. The High Court, while setting aside the State Act, had also quashed a subsequent 2007 Government Order allocating 4 per cent reservation to Muslim groups in educational institutions and jobs. The High Court held that the recommendation made by the APBC was unsustainable as it failed to evolve and spell out proper and relevant criteria for identification of social and educational backwardness or social backwardness and inadequate representation in public employment among classes or persons belonging to Muslim community. It said the data was not collected properly by the APBC for determining the social and educational backwardness of Muslims in the State.

In the above all matter the most important thing for Educated Indians is that now no government will try to provide reservation for the complete religion by saying xyz religion is backward. Indian constitution does not provide the reservation based on the Religion.

After the order of High court, government of Andhra Pradesh filed a Special Leave Petition (SLP)
After this Supreme Court while dealing with this case passed the
An interim order, upholding the validity of four per cent reservation provided to backward members of Muslim community in the state.
A bench of Chief Justice K G Balakrishnan and Justices J M Panchal and B S Chauhan, however, referred the issue to a Constitution bench to examine the validity of the impugned Act since it involved important issues of the Constitution.

Meaning of interim order –
Interim order is a temporary order of the court pending a hearing or trial of a case, a final order.
The term interim order refers to an order passed by a court during the pendency of the litigation.
It is generally passed by the Court to ensure Status quo.
The rationale for such orders to be passed by the Courts lie are best explained by Latin legal maxim "Actus curiae neminem gravabit" which translated to (English) stand for "an act of the court shall prejudice no one".
Therefore, to ensure that the interests of none of the party to the litigation are harmed, the court may pass an interim order.

Few other Indian states already provide reservation for Muslims .

Don’t be fool , politicians are trying to divide us Hindus and Muslims, and trying to create the vote banks, Poor Muslims should understand that this is their right , and politicians are not their gods, they are our servants, and they are offering you what is yours, so do not vote to the party thinking that they gave me Reservation.
Always vote for the party and policy which thinks for the Indians as one .
so please do not oppose the reservation , but see that this reservation benefit really goes to poor Muslims not to the rich Muslims.

Hope the important point we educated Indians have to accept that In India reservation is going to stay forever ,
Now do we want caste based reservation which politicians want or
Do we want reservation based on the economic reservation ?

Always support and demand Economic Reservation in everything for the better future of India.


Neha March 27, 2010  

my goodness! when will this divide and rule policy be written off?

sm,  March 27, 2010  

not in the life time of our generation

Anonymous,  April 11, 2010  


Anonymous,  April 23, 2011  

ya they should be given seeing their socio-economic condition, it is even worst then todays people belonging to sc category. supreme..........you will always rock in INDIA...........................

sm,  April 23, 2011  


Anonymous,  October 11, 2011  

I dont see a reason why supreme court will pass such an interim order when it prima facie hints at the communal politics in andhra pradesh. I mean WTF ???!!!

Anonymous,  December 28, 2011  

will we have an India where there will be no reservations all some day? does the government have any timeline as to when should reservations be ended. is there any expiry date to these reservations?

Anonymous,  March 01, 2012  

In case to lure the muslims such type of reservation policies are taking place, the day is not far when the country be at the shore of disintegration. The muslims when have taken a pakistan for what they are now seeking reservation and for what the parties just for the sake of vote bank have no hesitation to play such a dirty game of reservation. No love they have for India. Since, the reservation on the basis of religion is the entire violation of Art. 14, !5 & 16, even then by one pretext or other, the parties are playing such a dirty game to offer reservation to muslims, The Hon'ble Supereme Court must have gone through the consequences of communal politics before issuance of interim order.