SC decision on Muslim quota a shot in the arm for AP Cong govt

Hyderabad, Aug 6 (PTI) The Supreme Court's nod,
allowing implementation of reservations for Muslims in Andhra
Pradesh has come as a shot in the arm for the Congress
government in the state ahead of next general elections.

After years of legal hurdles, the quota policy was
finally cleared by the apex court, paving the way for
providing four percent reservation for socially and
educationally backward Muslims in jobs and educational
institutions, excluding the creamy layer.

Though the Supreme Court's order Tuesday came with a
rider that the implementation of the quota in educational
institutions would be subject to the final decision of the AP
High Court hearing a batch of petitions challenging the
religion-based reservations, the state government is confident
that the policy will have smooth sailing.

Hailing the apex court's order, the Minorities Welfare
Minister Mohammad Ali Shabbir said it would benefit thousands
of deserving Muslims and hoped that the minority community
would rally behind the Congress in the next elections.

The court verdict proves that we are genuinely committed
to the welfare and development of Muslim community. With this
order, the confusion over admissions to professional colleges
under the quota policy has been cleared, the state Congress
Chief D. Srinivas said.

However, the B.J.P. opposed reservations for Muslims and
accused the ruling party of indulging in votebank politics for
gaining political mileage.

The reservations on the basis of religion will lead to
further divisions in the society and sow seeds of national
disintegration, the B.J.P. floor leader in the Assembly G.
Kishan Reddy said.

The state government had, however, argued before the
apex court that the quota for Muslims was not on the basis of
religion but on the social and economic backwardness of the
community.

The four percent quota would be applicable to 15 Muslim
groups who have been identified by the Andhra Pradesh (A.P.)
Backward Classes Commission as socially and educationally
backward.

A new group under the head E has been created in the
Backward Classes list for the purpose of providing reservation
to the Muslims with the application of creamy layer norms of
the Central government except in the case of annual income
limit, which has been fixed at Rs 4 lakh, Shabbir Ali said.

The Muslim reservation was a key pre-poll promise of
Congress which stormed to power in the 2004 Assembly
elections, riding high on populist plank.

However, its quota policy was caught in a legal quagmire
right from the word go.

In tune with its election promise, the Rajasekhara Reddy
government had first issued a G.O in July 2004, barely
two months after taking over the reins, providing for five
percent reservations to Muslims in jobs and educational
institutions.

It was struck down by High Court in September 2004 as
being violative of the Constitution.

Later, on the courts directive, the government
constituted a four-member Backward Classes Commission and
based on its report issued the quota ordinance in June 2005,
categorising entire Muslim community as Backward Class.

While quashing the ordinance in November 2005, the Court
pulled up the Commission for not following proper methodology
before recommending inclusion of Muslims in the BC list. It
termed the ordinance as unconstitutional and arbitrary.

The Supreme Court had refused to grant stay on High
Court order sought by the government in January 2006.

The government then issued a fresh ordinance in July last
year scaling down the quota to four percent and excluding the
creamy layer from its ambit.

The A.P. Reservation (in favour of socially and
educationally backward classes of Muslims) Ordinance 2007 was
promulgated by the then Governor Rameshwar Thakur, following
which a gazette notification was issued.

As per the notification, Muslims were categorised as
Backward Caste (B.C.) E group for the purpose of providing
reservations with the application of creamy layer norms of the
Central government.

The quota was made applicable to 15 social groups
among Muslims who have been identified as socially and
educationally backward by the state Commission for Backward
Classes.

While reduction in quota was to ensure that total
reservations in the state do not exceed 50 percent, a ceiling
prescribed by the Supreme Court, the categorisation of the
community on the basis of socio-economic status was meant to
stave off criticism over religion-based reservations.

The Assembly had, on July 23 last year, passed a bill
replacing the modified ordinance.

The BC Commissions report, identifying 15 Muslim groups
as socially and educationally backward, was approved by the
Cabinet July 4 last year, paving the way for issuing the
modified ordinance to scale down the quota to 4 percent, as
against 5 percent planned earlier, to overcome the legal
hurdles.