Congress gave Andhra Pradesh Muslims quota in 2004, but HC struck it down

HYDERABAD: The issue of reservations for Muslims is back in political discourse with PM Narendra Modi accusing Congress of plotting to snatch the quota for SCs and STs and hand it to the minorities. Modi said at a rally in Rajasthan on Tuesday that this was Congress's 'pilot project' in Andhra Pradesh, the first state to implement the Muslim quota.

The demand for inclusion of socially, educationally and economically backward sections among Muslims existed in undivided Andhra from the 1960s as some of the sections, like washermen and weavers, were found to be poorer and lagging behind even SCs in terms of education and socio-economic conditions.

In Aug 1994, then Congress CM K Vijayabhaskar Reddy issued a GO including some categories of Muslims such as washermen and weavers into OBC list. But the quota was not implemented. An OBC commission headed by Justice Puttuswamy was tasked to look into issue of inclusion of more Muslims into the OBC list.

Telugu Desam Party govt under Chandrababu Naidu which took over soon after kept the Puttuswamy Commission alive, giving it six terms. The commission submitted its report to Naidu govt in 2003, but it was not made public.

In July 2004, within 56 days of forming Congress govt after defeating Naidu in polls, YS Rajasekhara Reddy issued orders giving 5% reservations to Muslims, fulfilling the party's promise in its poll manifesto. Muslims were included in the OBCs list by creating a new section - category E - over and above the existing four categories (from A to D).

YSR's move took total quota in the state to 51% as the existing reservations under various heads - OBC categories A to D 25%, SCs 15% and STs 6% - were left untouched.

In Sept 2004, Andhra HC struck down the order on the ground that it was against SC's ceiling of 50% on reservations.

In Nov 2004, YSR govt reconstituted OBC commission under Justice Dalva Subrahmanyam. And in Oct 2005, it issued an ordinance providing 5% reservation to Muslims in educational institutions and state govt jobs. The ordinance was replaced by an Act later.

In Nov 2005, a five-member bench of Andhra Pradesh high court struck down the Act.

In July 2007, based on Justice Subrahmanyam's report on socio-educational backwardness of Muslims, YSR govt promulgated another ordinance providing 4% quota to 14 categories of poor Muslims, thereby bringing reservation within the 50% limit.

This was stayed by SC with the court criticising it as an attempt to get around constitutional prohibition of reservation on the ground of religion.

However, Muslim quota backers say it is not based on religion. They argue that only 14 socially and educationally backward groups of Muslims are included - like Singali, Muslim Dhobi (washermen), Faqir, Garadi Muslim, Gosangi Muslim, Keelu Gurravallu Muslim, Hajjam, Labbi, Qureshi, Sheikh & Turaka Kasha.

Govt excluded Syed, Mughal, Pathan, Irani, Arab, Bohra, Khoja & other sections considered to be socially & educationally superior to BC Muslims.

Between 2004-5 and 2023-24, over 20 lakh Muslim students have benefitted by getting admissions in MBBS, engineering, MCA, MBA, BEd MEd and other professional courses according to official sources. Enrolment of Muslims increased in higher professional courses after getting reservations.

After Telangana was formed in 2014, first chief minister K Chandrasekhar Rao promised Muslims to enhance quota from 4% to 12% in tune with their population.

On April 16, 2017, during a special session, the Telangana House passed a resolution to increase reservations for backward sections among Muslims to 12%, taking the total quota in the state to over 50%. The resolution, which also sought an increase of reservations for STs from 6% to 10%, was sent to Centre. The resolution has not been implemented as the Centre has not responded so far.