Desperate Congress plays divisive quota politics in Maharashtra

Virag Pachpore

Disturbed by the poor performance in the Lok Sabha elections in Maharashtra, the Congress-NCP government has played a divisive and dangerous reservation card in its desperate bid to improve its showing in the ensuing Assembly elections later this year by announcing 4.5 per cent quota for Muslims and another 12 per cent quota from amongst the OBCs for the Marathas.

This June 25 decision was taken on the recommendations of the Mehmood-ur-Rehman Committee appointed by the then Vilasrao Deshmukh Government on the lines of Sachar panel to study the socio-economic status of the Muslims in the state and suggest steps to improve the same. The committee had in fact, recommended 8 per cent reservations for the Muslims in education and employment besides a separate 10 per cent quota for Muslim women. Similarly, the Narayan Rane panel had recommended 20 per cent quota for the Marathas.

Doling out quota lollipops has become the common practice of the political parties, especially Congress and its secular breed whenever their electoral prospect appeared bleak. The Prithviraj Chavan government overburdened by its internal bickering and worried over a strong possibility of its defeat at the hustings desperately resorted to offering quotas to Muslims and Marathas as the last ditch effort to save its electoral credibility. How far this will help them only the election results will show, but this move has once again brought the issue of reservations on the religious basis on the anvil.

Historical perspective

Maharashtra Government is not the only one that offered quota to Muslims. Earlier, the Congress government in neighboring Karnataka has already provided similar reservation to Muslims in jobs and education. Tamil Nadu gives 3.5 per cent quota to Muslims and Christians in education and employment. Kerala and West Bengal granted 12 and 10 per cent reservations for the Muslims respectively and the newly carved out state of Telangana is also mulling over the issue of giving 12 per cent reservations to Muslims.

Even during the pre-independence days the British Occupation Government of India had introduced the quota system for the Muslims in order to pursue their politics of ‘divide and rule’. In 1932 the then British Prime Minister Ramsay Macdonald introduced the ‘Communal Award’ providing separate representation to the Muslims and other religious minorities. This was a very controversial award and came under strong criticism from Mahatma Gandhi. The British understood that they could rule this vast Indian sub-continent only if they succeeded in keeping the Muslims at a distance from the Hindus. They employed all the tricks and skills to wedge a divide amongst the two communities and succeeded to a great extent.

After independence, the Congress too followed the same legacy of placating the Muslims as their trusted vote banks. During the 2014 Lok Sabha eletions the then Union Law Minister Salman Khurshid batted for 9 per cent reservations for the Muslims. Even the Ranganath Mishra Commission recommended granting reservations to religious minorities (read Muslims). But these recommendations were contradictory to the provisions of the Constitution, hence could not stand.

The provision for reservation for the Scheduled Castes and Tribes was introduced in the Constitution for these were the sections of the Indian society that remained socially neglected for centuries together due to social and religious factors. Mahatma Jyotirao Phule, Chhatrapati Shahu Maharaj and Dr Babasaheb Ambedkar were some of the stalwarts who worked hard to uplift the most depressed sections of the Hindu society. In 1979, the OBCs were also brought into the scope of reservations by the recommendation of the Mandal Commission. All these reservations were provided and meant for the sections of the Hindu society who were subjected to social neglect, boycott and untouchability. Never there was any suggestion from the makers of the Constitution to provide reservations on the basis of religion or language.

Constituent Assembly Debates:

Just before a week when India was formally declared Independent, the Advisory Committee on Minorities Rights debated the issue of reservation on 8th August 1947 and moved a proposal advising the Constituent Assembly to safeguard the political interest of the minorities with reservation for them in legislatures on the basis of population.

Muslim member Tajamul Hussain, a barrister and member from Bihar maintained: "The state in India being secular shall have no concern with any religion, creed or profession of faith, and shall observe an attitude of absolute neutrality in all matters relating to the religion of any class of its citizens or other persons in the Union" (Constituent Assembly Debate, Vol. 7, page 815).

Begum Aizaz Rasul from then United Province said, “To my mind reservation is a self-destructive weapon which separates the minorities from the majority for all time” (Ibid. Page 300).

The lengthy speech of Tajamul Hussain on 26th May 1949 opposing reservation for Muslims should be an eye opener to our vote baiting political hawks that in their game of Muslim-appeasing politics overlook the danger of its communal fall out as envisaged by our national leaders during Constitutional Assembly Debates and abolished such divisive issue. (vide page 332 to 338 in CAD Vol.8)

As the Congress vote bank started dwindling after the mid-60s, the party became more vocal in its attempt to please the Muslims as they remained their faithful vote bank. However in the 2014 Lok Sabha elections this Muslim vote bank myth got busted with nearly 10 per cent Muslims voting for the BJP candidates. Thus, the Congress was left with no other alternative but to resort to such last ditch efforts in their desperation.

Legal position:

From the legal point of view the decision of the Maharashtra Government seems to be on a slippery wicket for more than one reason. The decision violates the Supreme Court cap of 50 per cent reservations. This move crosses the 50 per cent mark and likely to get stuck at the very first stage.

The Supreme Court and the Constitution do not allow reservations on religious basis. Sometime back the Andhra Pradesh High Court had rejected the state government move to grant quota to Muslims on the grounds that reservations based on religion were not permissible. In the three verdicts it delivered in 2004, 2005 and 2012 the AP High Court had repeatedly held that religion cannot be the basis for reservation; only backwardness can be. If the quotas were provided on the basis of religion, it would encourage religious conversions, it was feared.

The Maharashtra government move is yet to get the approval of the legislature. In the similar case, the High Court had stuck down the decision of the UPA Government just before the UP elections on the similar ground.

The Ranganath Mishra Commission too had recommended religious based reservations to Muslims and Christians but the recommendation was opposed by its Member Secretary Ms Asha Das in the clearest terms.

Thus, it is clear that providing reservation on the basis of religion to the Muslims or Christians would require major Constitutional amendment to Article 15 and 29 which would be way too far reaching and incorrect. The best way could be to identify those educationally and socially backward among the Muslims and provide them their due place among the “Socially and Educationally Backward” part of the Article 15(4).

But instead of taking this path, the Maharashtra government wanted to throw a carrot of reservation to reap benefits in the ensuing assembly elections.

Widespread reactions:

As expected this politically motivated move came under serious criticism from the BJP-Shiv Sena alliance leaders and more surprisingly from the top Muslim religious and social leaders.Union Minister of Minority Affairs Najma Heptulla lashed out at the Cong-NCP government for this desperate act of granting quota to Muslims. “State government is befooling Muslims by making impossible promises”, she said adding that the Constitution clearly forbade reservations on the grounds of religion. “It is tried and tested gimmick of the Congress”, she said.

She blamed the successive Congress governments for befooling Muslims in the name of reservation. Why the Congress failed to amend Constitution when they had full majority, she asked urging the Congress to give up this vote bank politics.

Advocae Prakash Ambedkar, senior Republican leader and grandson of Dr Babasaheb Ambedkar, also came out against this move questioning its legal status.

Former Director of IIT Madras P V Indirisan too expressed similar views stating “our Constitution makers introduced reservation only for the SC and STs in jobs and education, and that too for ten years.” He propagated reservation on the basis of economic backwardness instead.

Dewan of Ajmer Durgah Zainul Abedin Ali Khan accused the Maharashtra Government of bribing the Muslims in the name of reservation. “They are offering this as part of vote bank politics. If they are sincere and honest they should instead amend the Constitution and provide quota to Muslims.” Stating that he was not at all happy with this announcement, the Muslim clergy said that this is not in the interest of the Muslims.

Sayyad Salman –al-Hussaini, Dean, Darul Uloom Deoband termed this move as electoral politics and blamed the Congress government for taking this decision in view of the ensuing assembly elections. Mohd Afzal, National Convener of Muslim Rashtriya Manch (MRM) too criticized the decision of the Maharashtra Government saying that the Congress would not be able to befool the Muslims anymore.

Disservice to the society:

Already the decision of the Maharashtra government is being challenged in the court of law on the ground that it exceeded the 50 per cent limit and religious reservations are not permitted by the Constitution.

As regards the Maratha quota, the state government had stated in the court that it has not yet issued any GR to this effect. In case of the Muslim reservation, the government, aware of the Constitutional obligation, is working on the plan to include the community in special backward class deleting the word ‘Muslim’.This move is sure to invoke sharp reactions in days to come. It is definitely going to vitiate the atmosphere in the state during the election period. The Congress party should concentrate more on the welfare of the people including Muslims than treading this beaten path of luring the Muslim vote bank through such divisive moves.

The earlier attempts by various state governments in this respect are either rejected by the courts or under the scanner of the legal institutions. The Maharashtra Government, in its desperate attempt to win over the Muslim vote bank, has done a great disservice to both the communities.