Journalism of Courage
The Telangana Congress has urged Chief Minister K Chandrashekar Rao and his Andhra Pradesh counterpart Y S Jagan Mohan Reddy to seek the intervention of Prime Minister Narendra Modi to defend the 4 per cent reservation in government jobs and education for Muslims in the Supreme Court where a Constitution Bench would start hearing the matter on September 13.
In politically-charged Telangana bound for the Assembly elections next year, the ruling Telangana Rashtra Samithi (TRS) has been wary of talking about the Muslim reservation issue for fear that the BJP would “exploit it for polarisation”. A resurgent saffron party has already forced the KCR government to announce plans to commemorate September 17 Telangana State Liberation Day.
In Andhra Pradesh, the ruling YSR Congress Party-led government, which has been seeking central funds for various projects, also seems to be wary of taking up the Muslim quota issue lest it would upset the BJP-led Centre.
The Muslim reservation in government jobs and education was announced by the then Congress government in undivided Andhra Pradesh headed by Y S Rajashekar Reddy in 2004-5. It was subsequently challenged in courts by several individuals.
On March 25, 2010, the Supreme Court, while hearing the matter, had granted a stay on the implementation of 4 per cent Muslim reservation, and ordered the continuation of quota for 14 categories listed under the BC-E Group until further orders and referred the matter to a Constitution Bench.
After 12 years, a five-judge Constitution Bench – headed by Chief Justice of India UU Lalit and comprising Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala – will on September 13 hear the pleas challenging the constitutional validity of the reservation for Economically Weaker Sections as well as the reservation given for Muslims in Andhra Pradesh (including Telangana) as a Socially and Economically Backward Class (SEBC). The Bench has set the timeline for hearing and completion of other pre-hearing steps.
When the Rajashekar Reddy government had cleared the Muslim quota the measure was fully backed by the then Congress-led UPA government at the Centre. However, the current BJP-led NDA government has been against the reservation based on religion and is expected to oppose the measure.
“The change in political circumstances at the state and Central levels has threatened the continuation of 4% Muslim reservation in jobs and education in both Telangana and Andhra Pradesh,’’ said senior Telangana Congress leader Mohammed Ali Shabbir, former minister and ex-Opposition leader in the Legislative Council. “The states must seek the intervention of Prime Minister Modi to defend the 4% Muslim reservation case in the Supreme Court,’’
He also said, “Although the TRS and YSRCP governments are in support of the continuation of the Muslim quota, the BJP is openly opposed to it. We anticipate the worst if the Centre opposes continuation of 4% Muslim quota in the SC.”
When this matter was heard in the apex court earlier, the Union of India was represented by the then Solicitor General (late) G M Vahanvati. Since both the state and the Union of India were then not in conflict in implementing the 4% Muslim quota, they were able to put up a strong legal fight.
However, the BJP has been strongly opposed to providing quota to Muslims. Telangana BJP president Bandi Sanjay Kumar said that his party was “strictly opposed to religion-based quota”, adding that “When we come to power, we will quash it. We will oppose it in the court also.” He also alleged that “4 per cent quota for Muslims affects quota for SC/ST and even OBCs”.
CM KCR and his TRS have maintained silence on the issue, even as the Opposition Congress has continued to question them if they are interested in defending the Muslim quota or not.
In April 2017, fulfilling one of the TRS’ 2014 poll promises, the KCR government got a Bill passed in the Telangana Assembly to increase quota for STs from 6 to 10 per cent and for Muslims from 4 to 12 per cent. It sent the Bill to the Centre for its consent that never came.
Shabbir Ali, however, charges that the KCR government did not follow it up with the Centre properly and did not even reply to the Union home ministry’s letters seeking clarification on increase in quota for STs.
With the Assembly polls due in Telangana in December 2023, the issue has become pricklier with the BJP breathing down the TRS’ neck amid clear signs that any move on the Muslim quota front would trigger a political slugfest. “The Muslim quota issue will be exploited by the BJP in Telangana just like the September 17 commemoration matter. The TRS is wary of this,’’ a party leader said.
The Telangana State Planning Board vice-chariman, B Vinod Kumar, who is coordinating the state government’s legal efforts over the Muslim quota matter told The Indian Express that there is no change in its stance. “We will defend it in the Supreme Court. We have retained senior legal counsel Rakesh Dwivedi and Rajiv Dhavan on behalf of BC Corporations,’’ he said.
Andhra Pradesh minority welfare minister Amzeth Basha Shaikh also said the state government has retained Kapil Sibal and other senior counsel to fight its case in the top court.
The Muslim community makes up nearly 13 per cent of Telangana’s population and about 9 per cent of Andhra Pradesh’s population, as per the 2011 Census.
