Cover Story
Cover Story
No Provision for Religion-Based Reservation in Constitution
India’ s Constitution does not allow reservation based on religion. Despite this, the Karnataka Congress government has passed a bill to grant 4 % reservation to Muslims in government tenders.
Reservation under Articles 15 and 16 is provided only for Scheduled Castes( SCs) and Scheduled Tribes( STs) based on social and educational backwardness— not on religion.
On May 26, 1949, Dr. B. R. Ambedkar stated in the Constituent Assembly that SCs should receive special provisions because they are socially oppressed and economically backward. He made it clear that Muslims should not be given any reservation. However, due to the Congress ' s failures, SC / ST development could not reach the expected level, and thus reservation policies have continued. Articles 15( 4) and 15( 5) allow special provisions for educationally and socially backward classes or SC / STs— but not on religious grounds.
Reservation for Converted Dalits— A Matter Pending in Court
Should a Dalit who converts to Islam or Christianity be eligible for reservation benefits? This issue is currently under consideration by the Supreme Court. A key decision is still awaited regarding whether SC status should be limited to Hindus, Sikhs, and Buddhists.
The Supreme Court has stated that Islam and Christianity do not have caste-based discrimination or untouchability, hence converts to these religions do not qualify for SC status. In a case concerning Muslim reservation in West Bengal( Dec 2024), the Supreme Court remarked: " Reservation cannot be given on religious grounds."
Politics Over Reservation
Despite no constitutional provision, Muslim reservation has become an over-politicized issue. The original intention of reservation was to uplift the socially and economically backward— not for political gain. Unfortunately, political motivations have corrupted this idea.
Former PM V. P. Singh implemented the Mandal Commission ' s recommendations to expand reservation, giving it a political dimension. Opposition parties are using
it as a political weapon, and the demand for caste-based census is part of this agenda.
Congress ' s Muslim-Christian Appeasement
Since 2004, Congress has actively worked to give reservation benefits to converted Muslims and Christians. While the case is still in court, the party never attempted to reconvert those who left Hinduism. In effect, Congress allowed and even encouraged conversions, indirectly weakening the Dalit Hindu identity.
Dr. Ambedkar, in his book " Pakistan or the Partition of India ", warned against conversion to Islam, believing
18 Dalit Andolan Patrika | April 2025