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Job quota for Muslims, Christians in Tamil Nadu

	April 09, 2007

In another controversial move, Tamil Nadu Chief Minister M. Karunanidhi announced last week “exclusive reservation” for Muslims and Christians in government jobs and educational institutions. The state has already a high reservation of 69 per cent in

education. Karunanidhi said in the State Assembly on April 5, “It has been decided to accept the recommendation of the Tamil Nadu Backward Classes Commission, a statutory body, to grant quotas to people from the two communities.”



However, the quotas will be on the ground of backwardness, not religion. The Constitution does not allow reservation based only on religion.



Figures on “social and educational backwardness” among Hindus, Muslims and

Christians, respectively - documented by an earlier State Backward Classes Commission in 1980 when MGR was the Chief Minister - could form the basis of the quota.



All parties, including the Opposition All India Anna DMK, greeted the news with thumping of desks.



Tamil Nadu at present provides 69 per cent reservation in education and government jobs. That includes 30 per cent for backward classes, 20 per cent for MBCs and denotified communities, 18 per cent for the Scheduled Castes and one per cent for the

Scheduled Tribes.



Petitions challenging the 69 per cent reservation are pending in the Supreme Court.



Karunanidhi said further “positive, legal steps to make separate quotas for Christians and Muslims a reality will be taken only after the apex court’s verdict in that case”.





OBC quota in education : Government to move apex court The UPA constituents and Left parties have decided that the Manmohan Singh Government should move the Supreme Court for vacation of the stay on OBC quota in central educational institutions to ensure that reservations roll out from the 2007-08 academic session itself. The Government may ask for constitution of a larger bench to hear its plea that it be allowed to implement the quota. Reports say that the Government’s arguments will be based

on the apex court’s Indra Sahwney judgement that accepted the validity of the 27 per cent quota for Other Backward Classes (OBCs) in Central Government jobs.



The UPA and the Left at their meeting on Friday, April 6, made it clear that while the ruling polity is not embarking on a collision course with the judiciary, the Government has to deliver on the quota proposal this year.



While there was a consensus on putting the quota regime in place, the possibility of a caste-based census to determine OBCs was ruled out during the two and a half hour meeting of UPA partners at the Prime Minister’s residence. UPA chairperson Sonia Gandhi was also present.



“We have authorised the government to take necessary steps to see that the quota law is

implemented in this academic session,” Sitaram Yechury of the CPI(M) said. The Government will also file a simultaneous writ petition seeking that the matter be referred to a larger bench. Union Minister and RJD leader Raghuvansh Prasad Singh and RSP’s Abani Roy spoke in a similar vein after the meeting. A PMO statement said the meeting resolved that the Government will take “all appropriate steps.” But before the overnment presents its case in the Supreme Court, the Prime Minister will consult other parties including the BJP, as part of his effort to build a broad-based consensus. This would also dispel any impression of a confrontation with the judiciary.



The meeting decided that the Government would stick to the original quota law that was stayed by the apex court. Yechury said the court’s observations on keeping the creamy layer out would also be raised by the Centre in the apex court.



He said since most states like Tamil Nadu, Andhra Pradesh and Bihar have a provision for Most Backward Classes, the issue of creamy layer was automatically taken care of.