New Delhi: The Supreme Court on Thursday agreed to list for hearing a plea challenging the Karnataka government's decision to scrap the four per cent reservation for Muslims in the state. A bench comprising Chief Justice DY Chandrachud and justices PS Narasimha and JB Pardiwala took note of the submissions of senior advocate Kapil Sibal that all the defects of the petition have been removed.
The court remarked today that the decision to do away with 4% reservation for Muslims appears to be "highly shaky and flawed" and the state's order is based on "absolutely fallacious assumption". It further said that the state could have waited for the final report on the issue rather than taking a decision on an interim report. "On the face, they have been enjoying this position for a very long time. On basis of documents produced, Muslims are backward and then suddenly it is changed," the court said.
The petitioners, who had challenged the scrapping of 4% reservation, argued that it is against a series of SC judgements and is in violation of the constitution. Senior Advocate Dushyant Dave, appearing for the petitioners, argued that on the basis of empirical data and material, it has been found that Muslims are a backward community in Karnataka and they deserve reservation.
"And in case it has to be removed, it should be removed after proper study," Dave said, as he highlighted that the community has been deprived of the status when elections are around in the state, and the court has held that the government can not do so for political reasons.
"My reservation is removed and given to someone else just a few days before elections. They have removed 4% reservation for Muslims in Karnataka. It's completely against a series of SC judgements. Completely unconstitutional...why is it done overnight? Without any report...it's against 1996 statute," Dave argued.
Justice BV Nagarathna also raised a question on the urgency to remove the reservation. "Vokkaligas and Lingayats were earlier also reserved. Today 4% of reservations is completely knocked out. Muslims are without any reservations now," Justice BV Nagarathna said.
Senior advocate Kapil Sibal, representing the petitioner, said, "I mentioned this (petition) in court three yesterday. This is against the four per cent reservation being cancelled." But the defects (in the petition) were not cured, the CJI said. The senior lawyer said all the defects have been cured. Alright, we will list it, the bench said.
Recently, the state government led by Chief Minister Basavaraj Bommai decided to scrap the four per cent reservation for Muslims. The Karnataka government announced two new categories for reservation in jobs and education and scrapped the four per cent quota for Other Backward Classes (OBC) Muslims. The four per cent OBC Muslim quota has been divided between the Vokkaligas and Lingayats. Muslims eligible for quota have been categorised under economically weaker sections now. The state government's decision has pushed the reservation limit to around 57 per cent now.
