Decoding Muslim Reservation Under OBC in Karnataka, What Does Chinnappa Reddy Commission Report Say?

The issue of providing reservation to Muslims, categorised as Other Backward Classes (OBC), has once again surfaced, with Prime Minister Narendra Modi accusing the Congress of playing “divisive politics” by using the reservation quota.

Speaking at an election meeting in Sagar, Madhya Pradesh, PM Modi dubbed the Congress as the “biggest enemy of OBCs”. He said in the past, Congress had provided reservation based on religion, which the Constitution did not allow.

“Once again, Congress has given reservation on the basis of religion through the back door by putting all Muslim castes along with the OBCs. By doing so, it has taken away a big chunk of reservation meant for the OBC community. Congress indulges in this dangerous game which will destroy your future generation,” he said.

This move has also been criticised by the National Commission for Backward Classes (NCBC), calling it one that undermines the “principle of social justice” and that communities that are “socially and educationally backward cannot be treated at par with an entire religion”.

Karnataka Chief Minister Siddaramaiah has countered the prime minister’s comment, calling it a “blatant lie.” He stressed at no point has the Congress said it was to take away the reservations of the backward classes and Dalits and give it to the Muslims.

“This not only demonstrates Modi’s ignorance but also his desperation in the face of potential defeat. No one in the country has reduced the title of a prime minister to such a low level. PM Modi, who is in a position of responsibility, should either prove this accusation or apologise to the people of this country,” the Karnataka CM lashed out.

“Is there a government order on it? …It is not possible to change reservation quotas easily. For this, the Constitution needs to be amended with the consent of both Houses of Parliament,” he said, adding that, according to the Chinnappa Reddy Commission implemented three decades ago, Muslims were included under category 2B of backward classes, taking into account their socio-economic conditions.

What Does Muslims Under OBC Mean?

The move of bringing Muslims under reservation will enable the community to avail reservations in 4% of seats while seeking admissions to educational institutions, appointments to posts and state government jobs.

According to the 2011 population census, Muslims constitute 12.92% in Karnataka.

The projected population of Muslims in India in 2023 would stand at 19.75 crore, according to government data.

What did the National Commission for Backward Classes say?

The national commission claimed that with this move by the Siddaramaiah-led government, the Congress was taking away the rights of Other Backward Classes.

According to the NCBC, “This categorisation has led to the provision of reservation benefits for 17 socially and educationally backward castes under Category I and 19 castes under Category II-A, respectively,” as it has been done in Karnataka.

It also said there were underprivileged and historically marginalised sections within the Muslim community “since the caste system is not permissible in the Muslim religion. However, in practice, it cannot be irrefutably asserted that Islam is entirely immune and insusceptible from casteism… Treating the entire religion as backward overlooks the diversity and complexities within Muslim society,” the government panel said.

What Happened in 2023 Before Karnataka Assembly Polls?

The Basavaraj Bommai-led BJP government in Karnataka in 2019 scrapped the 4% reservation for Muslims ahead of the assembly polls in 2023. The Congress and JDS, which were in the Opposition in Karnataka, criticised the decision and called it “unconstitutional”. Karnataka Congress president and current Deputy CM DK Shivakumar had said the Congress would scrap the Bommai order if it were elected to power.

The Congress challenged the decision in the Supreme Court.

The Supreme Court stayed the decision made by the Bommai government just before the 2023 assembly polls to cancel the 4% reservation for Muslims and distribute it amongst the Vokkaligas and Lingayats.

“The court had ordered that the revised reservation statues should not be implemented until further orders. It is regrettable that such an important information has been omitted by the PM,” said Siddaramaiah.

According to the Bommai government, the religious minority quota was abolished, and Muslims were to be brought under the 10% Economically Weaker Section (EWS) category. He said the total OBC reservation quota remained intact at 30%. Days later, Bommai’s government notified the 10% EWS category with Muslims added to it.

Targeting BJP’s Alliance Partner JDS

JDS leader HD Kumaraswamy, who is now in alliance with the BJP for the ongoing Lok Sabha elections, had accused the BJP of scrapping the 4% quota to instigate conflict between the Hindus and Muslims in the state.

Siddaramaiah targeted the JDS as well, questioning how former PM and JDS supremo HD Deve Gowda would react. “Deve Gowda ji, Modi’s close friend and BJP’s new partner, is he still committed to his stand? Will the JDS surrender to Narendra Modi and change their previous stand? He should make it clear to the people of the state,” the CM demanded.

PM Modi had also said the Indian Constitution clearly mentioned that no one will be given reservation on the basis of religion. “Babasaheb Ambedkar himself was against reservation on the basis of religion and that the Congress had a dangerous resolution of (providing reservation) on the basis of religion and it adopting various tactics to fulfill this resolution,” the PM said.

History Behind Muslim Reservation and Chinnappa Reddy Commission

The Chinnappa Reddy Commission report, also called the Karnataka Third Backward Classes Commission under the leadership of Justice Chinnappa Reddy, submitted their observations before the Karnataka Assembly in June 1990.

On July 25, 1994, an order was issued by the Karnataka government to implement it.

“Social and educational backwardness is a consequence of economic impoverishment, educational unawareness, and caste degradation,” said the report, considering Muslims as a backward community in Karnataka.

This was first passed under then Congress chief minister Veerappa Moily who lost power a few months later. Subsequently, Deve Gowda became the CM in December 1994 and implemented the report. According to this, 4% reservation was provided to Muslims in the state under a separate classification, 2B, in the OBC quota.

At first, Muslims were mentioned under Category 2B, which it had identified as “More Backward” along with the Buddhists and SCs who converted to Christianity. However, the Karnataka government had to change the allocation to 4% as the top court directed the state to restrict all reservations under the 50% sale including SCs/STs and OBCs.

“The Chinnappa Reddy Commission report was implemented, it was challenged before the Supreme Court in the Indra Sawhney case. The Indra Sawhney case laid down the parameters on how classification can be done… My commission’s report stood the scrutiny of the law and the test of time,” Moily had told News18 in an earlier interview.

He added that if “it was unconstitutional, the courts should have declared it so. They (BJP) should have gone to the courts in Karnataka and challenged it in the Supreme Court as well,” the senior Congress leader added.

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