By TwoCircles.net Staff Reporter,
New Delhi: With the general elections round the corner, and the popularity of the UPA at all-time low, the Centre has finally woken up from the slumber on the issue of reservation for the minorities. On Monday, Solicitor general Mohan Parasaran moved to the Apex Court requesting to lift the stay it had put in 2010 on 4.5% sub-quota for the minorities within the 27% OBC quota.
The Centre had last moved the Supreme Court in 2012, for interim relief as admission process had already begun then for that session, but SC had refused to change its stand on June 13, 2012
The Centre is basing its argument on earlier judgement of the SC of March, 2010 when it had allowed the government of Andhra Pradesh similar reservation for the backward Muslims.
Solicitor general moved to a three Judge bench of Chief Justice P Sathasivam, Justices Ranjan Gogoi and RK Agrawal to bring uniformity in two judgements that are conflicting.
On March 25, 2010 the SC had ordered, “As several constitutional issues are involved in these appeals, as an interim measure, we direct that for the time being, reservation of 4% be extended first to the 14 categories mentioned in the Schedule appended to the Act (the Andhra Pradesh Reservation in Favour of Socially and Educationally Backward Classes of Muslims Act, 2007), excluding creamy layer.”
Union HRD ministry on December 22, 2011 had issued an office memorandum providing 4.5% subquota for socially and educationally backward sections in minority communities in central educational institutions and jobs ahead of assembly elections in five states including UP and Punjab.
The AP HC had struck down the HRD ministry’s decision on May 28, 2012, against which the centre appealed on June 13, 2012 in the Apex Court. Although SC entertained the appeal, it refused to put stay on the HC order.
The Centre mentioned, “It will be anomalous if one set of matter pending before the Supreme Court is not extended benefit of the interim relief whereas the benefit on the same issue has been extended by the court to similarly situated parties.”
Mishra Commission’s formula for break-up of 27% OBC quota
Ranganath Mishra Commission had recommended 15% quota for minorities and out of which 10% for Muslims. This was beyond the 27% OBC quota. But the commission had also suggested an alternative as it had apprehended its main recommendation of 15% minority quota will face trouble though, in commission’s own words, “The action recommended as above will have full sanction of Article 16 (4) of the Constitution.”
The alternative recommendation of Mishra Commission was to fix share of minorities including Muslims within the 27% OBC quota. The Commission recommended 8.4% for minorities of which 6% for Muslims.
“As an alternative since according to the Mandal Commission Report, the Minorities constitute 8.4 percent of the total OBC population, in the 27 percent OBC quota, an 8.4 percent sub-quota should be earmarked for the Minorities with an internal break-up of 6 percent for the Muslims (commensurate with their 73 percent share in the total minority population at the national level) and 2.4 percent for the other minorities – with minor adjustments inter se in accordance with population of various Minorities in various States and UTs,” the Mishra Commission had recommended.
Will the sub-quota benefit OBC Muslims?
Though it is a low share, it will benefit Muslims of OBC category, says Zafar Imam Ansari. “This will benefit OBC Muslims as till now the lion’s share of 27% OBC quota was taken away by Hindu OBCs. Now there will be a fixed share of Muslims,” he told TCN.
But he also demanded amendment in the Article 341 to include Muslim SCs. He also demands reservation for all Muslims as Ranganath Mishra Commission has recommended.
Regarding the minority sub-quota of 4.5%, there seems some confusion. A section of media reported it as a minority quota while some others as a Muslim quota. When asked, Ali Anwar Ansari said: “It is a sub-quota for Muslims who are in the OBC category. I have talked to Minority Affairs Minister Salman Khurshid and he said this 4.5% is for Muslims.”