Religion-based reservation
Topic: Safeguards for Vulnerable Sections: SCs, STs, OBCs, Minorities, Women and Children · NCERT: Beyond NCERT
Meaning
Religion-based reservation means quotas tied to a religion. Courts have drawn a clear line. A backward section within a religion may get reservation if it is listed as an OBC, because the test is backwardness. A quota for a whole religion has failed in court, because religion alone cannot be the basis for reservation.
Example
Kerala gives OBC reservation to its Muslim and Christian OBC groups, and this is valid. Andhra Pradesh's 5% quota for all Muslims (2004) was struck down. Its later 4% BC-E quota (2007), meant for backward Muslim groups, continues under an interim Supreme Court order, meaning a temporary order until the final decision. In May 2024, the Calcutta High Court struck down 77 classes added to West Bengal's OBC list after 2010. An appeal is pending.
Don't confuse with
- Article 30 minority rights: these let minorities run their own institutions. They create no job or seat quota for the community.
Related concepts
- Sachar Committee
- Ranganath Misra Commission (2007)
- Prime Minister's New 15-Point Programme for Minorities
- Waqf
- Waqf (Amendment) Act 2025