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Reservations for Muslims : BJP opposes Andhra move |
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Even as the Andhra Pradesh High Court ordered a stay on the quota of jobs for Muslims announced by the state government, former Prime Minister Vajpayee has endorsed the BJP’s decision to oppose the government’s move. Adhering to its election manifesto, the Congress-led Andhra Pradesh government proposed to reserve five per cent jobs for Muslims in the government sector.
Addressing a meeting of the BJP Parliamentary Party, Vajpayee described the Andhra government’s move as “unconstitutional and illegal.” The former Prime Minister also felt that the controversial decision would give rise to religious conversion in the state. BJP is of the view that reservations should always be on the basis of social and economic backwardness and not on the basis of religion.
Goaded by the RSS, the BJP which has been moving rapidly to consolidate its Hindutva (Hindu activism) votebank intends to launch a nationwide agitation over the AP government’s decision. Job reservation on the basis of religion would also be made an issue during the forthcoming Assembly poll in Maharashtra. Other “pro-Hindu” cards that the BJP plans to play include opposition to “illegal migration of Bangladeshi Muslims” in Assam and Railway Minister Laloo Prasad Yadav’s decision to initiate a departmental inquiry into the Godhra carnage. The BJP feels this government is sending signals to the Muslims only.
The BJP would now focus mainly on the Hindutva (Hindu activism) votebank, since the Muslims were not responding to its call. By returning to the Hindutva-fold, the BJP also expects to send positive signals to its demoralised and disillusioned cadres.
The RSS volunteers in Maharashtra were not “too pleased with the BJP’s digression from the Hindutva track,” a party functionary disclosed. With the Assembly elections approaching, the BJP leadership was trying to send signals to its RSS cadres that the party has not given up its pro-Hindutva agenda.
High Court’s stay order
The Andhra Pradesh High Court last week suspended the State Government order that provided for five per cent reservation for Muslims in educational institutions and in government jobs in the State. A Division Bench, comprising Chief Justice Devinder Gupta, and Justice C.V. Ramulu, passed the interim order on a batch of writ petitions filed by a student, Srikanth, and others. They pleaded that such reservation based on religious denomination alone was violative of the Constitution. The Order (Ms. No. 33) was issued by the State Government on July 12 on the ground that the Commissionerate of Minority Welfare had submitted a report on the “pathetic state” of the Muslim community. Therefore, Muslims were declared as backward class and given five per cent reservation in educational institutions and government jobs. This was apart from the reservation already given to other categories of backward classes.
Counsel for the petitioners said the total reservation exceeded fifty per cent in violation of the Supreme Court judgment. They further contended that the Supreme Court had directed the setting up of a commission to recommend additions and deletions of groups into category of backward classes and the commission had been set up as per the enactments.
The petitioners said the Government Order declared the entire Muslim community as backward class without reference to the Commission set up for the purpose. They held that the five per cent reservation would deprive them of seats in engineering and medical colleges and sought suspension of the Government Order as the admission process to fill up the seats had begun.
The Government, on the other hand, said it had powers to make the provision, adding that it had relied upon the report by the Andhra Pradesh Minority Commission. In its seven-page interim order, the Bench said a prima facie case had been made out by the petitioners and the balance of convenience would be to set apart five per cent seats and not fill them till its final order.
Barring the Bharatiya Janata Party, all the political parties in the State felt that the State Government should have enacted legislation extending reservation to minorities instead of issuing an order.
The Andhra Pradesh Chief Minister, Y.S. Rajashekara Reddy, said the State Government was examining the legal aspects of the issue of providing five per cent reservation to Muslims in education. Responding to questions following the State High Court decision staying the Government’s order, he said his Government was thinking of bringing in legislation, if needed.
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