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While hearing Bengal government’s plea challenging the decision of Calcutta HC to quash the OBC classification of 77 communities, mostly belonging to the Muslim religion, SC observed that reservation could not be given on the basis of religion but the state clarified that the basis was not religion but backwardness, a bench of Justices B R Gavai and K V Viswanathan said.
Senior advocate Kapil Sibal, appearing for the state, said reservation was granted not on the basis of religion but on the basis of backwardness of the communities. “The ground of religion is not an issue here. It happens that they belong to a religious community but they are backward,” he said. The issue of whether Muslims as a community should get quota has become a wedge issue with BJP, in particular, opposing it on the ground that it has not been provided for in the Constitution. After a brief hearing, the bench adjourned the case to Jan 7.
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