No Reservation Based on Religion

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The Supreme Court has reviewed appeals against the Calcutta High Court’s decision that nullified West Bengal’s classification of 77 Muslim communities as OBCs, along with its policy of reservations beyond the 50% limit. Similarly, states like Tamil Nadu and Maharashtra have extended reservations beyond the 50% cap, citing the need to address regional imbalances despite facing criticism.

Constitutional and Statutory Framework

Article 15(4): Allows special provisions for socially and educationally backward classes as well as Scheduled Castes (SCs) and Scheduled Tribes (STs).

Article 16(4): Permits reservation of government posts for underrepresented backward classes.

Indira Sawhney Judgment (1992): Upheld the reservation for Other Backward Classes (OBCs) in public employment, capping it at 50% and excluding religion as a criterion for backwardness.

Mandal Commission Report: Laid the foundation for reservation policies and their extension in government jobs.

Rural Employment Guarantee Schemes: Aim to address socio-economic gaps and support marginalized communities.

Challenges with the Current Framework

• Lack of Empirical Data: There is a lack of empirical data on the representation of backward classes in promotions.
• Absence of Clear Guidelines: There are no clear guidelines on how states can exceed the 50% reservation cap.
• Potential Misuse: Reservations may be misused by political entities without achieving adequate social justice outcomes.

Impact of Extended Reservations on Affected Groups

• OBCs and SC/STs: Potential benefits can be realized if extended reservations are maintained for these groups.
• General Category: There is a perception of unfairness, leading to social unrest and growing inequality.
• Government Employees: Uncertainty around career progression if promotions are restricted or altered due to extended reservations.

Measures to Address Gaps

• Data Collection: States should collect empirical data to justify extending reservations beyond the 50% limit.
• Regular Policy Review: Continuously review reservation policies to ensure equity and address the needs of marginalized groups.
• Consultations: Engage social justice groups, institutions, and experts to assess the impact and feasibility of reservation policies.
• Judicial Oversight: Ensure that reservation policies adhere to constitutional limits through judicial review.
• Social Support: Enhance alternative social support programs to complement reservation policies and ensure broader socio-economic upliftment.