Order scrapping Muslim quota on hold till May 9: Karnataka to Supreme Court

The 4% OBC quota for Muslims in Karnataka has been reinstated after state government conceded before SC that it won't implement the order scrapping reservation.

The 4% other backward classes (OBC) quota for Muslims in Karnataka was reinstated on Tuesday with the state government conceding before the Supreme Court that it will not implement the government order (GO) scrapping reservation for the Muslim community and that the “earlier regime” will be in place till the next date of hearing, May 9.

The Supreme Court accommodated the S-G’s request but only after he agreed to record his statement on the revival of the regime that granted 4% OBC quota benefits to Muslims. (ANI)

The undertaking by the Basavaraj Bommai-led BJP government before the top court also means that the contentious GO distributing the 4% quota equally to two dominant communities, Veerashaiva-Lingayats and Vokkaligas, are legally put on hold and that Muslims can make applications before state authorities for benefits under the quota .

Appearing before a bench led by justice KM Joseph, solicitor general Tushar Mehta recorded his undertaking on behalf of the Karnataka government after the law officer sought adjournment of the petitions that have challenged the March 27 GO scrapping the 4% OBC quota for Muslims.

The bench, which also comprised justice BV Nagarathna, accommodated the S-G’s request but only after he agreed to record his statement on the revival of the regime that granted 4% OBC quota benefits to Muslims.

“We record S-G’s statement (that) the impugned orders (GO) shall not be implemented till the next date of hearing. Earlier regime relating to reservation, namely the March 30, 2002 notification, will continue to hold the field till the next date of hearing,” recorded the court order.

Read: Shah slams Cong on 4% quota, says exits will not hurt

On April 13, the bench commented that the Karnataka government’s decision is “prima facie shaky and flawed, as it admitted the bunch of petitions against the March 27 GO that did away with the 4% OBC quota for Muslims and distributed it equally to Veerashaiva-Lingayats and Vokkaligas. The Karnataka government’s decision was widely seen as a move aimed at pleasing the two dominant backward classes ahead of the state elections in May. Karnataka goes to polls on May 10,and the results will be declared on May 13.

Chief Minister Basavaraj Bommai said the state government will not implement its decision to scrap four per cent reservation for Muslims in 2B category of the ‘Other Backward Castes’ till the hearing in the Supreme Court is completed. He emphasised that the reservation for 17 sub-castes of extremely backward Muslims who are placed in Category-1 and Category 2-A have not been touched. “We had decided that till the time the hearing is complete we will not take it forward. Court has not given any stay. We only have said that you (SC) hear the case; so long the case is heard, we will not implement it,” Bommai told reporters in Hubballi.

Congress in-charge for Karnataka affairs, Randeep Surjewala said that the SC had exposed the fraud played in the name of scrapping reservation for minorities and enhancing for others. “The ‘fraud of reservation’ of BJP-Bommai Govt exposed yet again in Supreme Court. The BJP Govt order on Reservation for Lingayats & Vokkaligas as also Internal Reservation and Increased Reservation for SC - ST stayed as Bommai Govt itself failed to file an affidavit in court. Mr Bommai, U have lost the right to be CM even for a second. RESIGN IMMEDIATELY,” the Congress leader said on Twitter.

By the March 27 GO, the Karnataka government removed Muslims from the 2B Backward Classes category, under which the community received 4% reservation and pooling them under the Economically Weaker Section quota.

As a result, reservation for Vokkaligas and other castes in the 2C category went up from 4% to 6%, while reservation for Lingayats and other castes increased from 5% to 7% in the 2D category (for backward classes). Christians and Jains are also classified under the 2D category as per the government order.

Following the Cabinet meeting on March 24, CM Bommai announced the scrapping of the quota, saying: “There is no provision under the Constitution for reservation to religious minorities … It was struck down by the court in Andhra Pradesh. Even Dr B R Ambedkar had said that reservation was for castes.”

Even as the decision sparked intense political debate, Union home minister Amit Shah lauded the Bommai government a day later when he attended an event in Karnataka. He said: “Reservation granted to minorities was not constitutional. There is no provision in the Constitution to give reservation based on religion. The Congress government, due to its appeasement politics, granted reservation for minorities.”

Read: Owaisi vs Amit Shah on quota for Muslims: ‘Khaali khattey dialog’aan maarte’

At a rally in Telangana’s Rangareddy district on Sunday, Shah attacked a similar quota for Muslims in Telangana, ahead of the assembly elections in the state later this year. He said that the K Chandrashekar Rao-government’s 4% reservation for Muslims was “unconstitutional” and that it would be scrapped and extended to Scheduled Castes (SCs), Scheduled Tribes (STs) and OBCs if the BJP won the elections.

According to the bench, the state showed “haste” in issuing the GO based on an interim report when the final report of a cabinet sub-committee was still to come through and all the previous reports had termed Muslims a socially and educationally backward class.

Following the court’s strictures on April 13, the S-G sought time to justify the state’s stand by filing a detailed affidavit. On that day, Mehta recorded his statement that no fresh appointment or admissions will be made in terms of the impugned GO till the next date of hearing.

The case came up again on April 18 when the Karnataka government requested some more time to finalise its response to the petitions, asking for an adjournment. Accepting S-G’s request, the bench adjourned the matter to April 24, adding the state will remain bound by its undertaking given to the court on March 13.

On Tuesday, Mehta again requested for deferment of the proceedings citing his preoccupation with the ongoing same-sex marriage case before a constitution bench of the apex court where he represents the Union government.

Senior counsel Dushyant Dave, representing one of the petitioners, strongly opposed Mehta’s request, complaining that the previous undertaking of the state was not enough. “Our quota has been scrapped. Let him make a statement that our quota will continue or strike it down...let the state say that the old regime will restore and we can make applications under the quota that we have had since 2002,” Dave submitted.

To this, the S-G said that he is ready to make a statement that the impugned GO will not be implemented till the next date of hearing. But the bench asked Mehta: “Will you continue with the old regime? Can you make that statement?”

The law officer replied that his statement that the new GO will not be implemented would itself mean that the old order continues. The bench, however, put on record Mehta’s statement that the 2002 regime on 4% quota for Muslims will continue till the court hears the matter next on May 9.

Muslims were given 2B reservation (for moderately backward classes) in 1994 during HD Deve Gowda’s tenure as chief minister after multiple state commissions, including the O Chinnappa Reddy Commission, classified them as socially backward.