Author: Times News Network
Publication: The Times of India
Date: July 27, 2006
Introduction: Centre's affidavit in sc runs
counter to cong stand in AP
The Centre has turned down the demand for
a separate job quota for Muslims on the ground that it would be antithetical
to the Constitution.
The stand, which is sure to embarrass the
Congress government in Andhra Pradesh which promulgated a 5% job quota for
Muslims in the state, was conveyed to Supreme Court on Tuesday in an affidavit
filed in response to a PIL.
The PIL challenged the validity of the 93rd
constitutional amendment that opened the way for governments to promulgate
quota even in institutions, which received no financial support for them.
The Centre, which sought to distance itself
from advocacy of individual ministers for quota in private sector, told the
court that a reservation policy designed exclusively for a particular community
will be unconstitutional.
"A policy allowing for reservation based
on religion would violate the fundamental right to equality enshrined in the
Constitution. As a result, reservations for Muslims alone would be squarely
discriminatory," it said.
The unambiguous "no" to community
quota comes at a time when the demand for a Muslim quota appears to be gaining
ground.
Several community outfits have joined in the
clamour, putting pressure on mainstream players to endorse the demand, which
had so far been frowned upon on the ground that it would encourage separatism.
While refuting the charge of the petitioner
that it was discriminating against Muslims in matters of reservations, the
Centre asserted: "A reservation policy intended to benefit any one religious
community would necessarily fall foul of the constitutional prohibition on
discrimination based solely on religion.
"The existing, and any prospective reservation
policy, would have to make provision for backward castes/classes regardless
of their religious considerations. Only such a policy will be in tune with
the secular credentials of the country," it continued.
