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The Supreme Court stated that "reservation cannot be based on religion."

Can religion be considered as a criterion for OBC reservations under the Indian Constitution?

The Constitution does not expressly prohibit considering religious groups for OBC or Scheduled Tribe reservations. However, efforts to provide religious reservations have primarily targeted OBCs. Article 16(4) authorises states to make reservations for "backward classes" in state services. States such as Kerala, Karnataka, and Tamil Nadu have included Muslims in their OBC quotas.

The Justice Rajender Sachar Committee (2006) highlighted the low representation of Muslim OBCs in government services and advocated for more inclusive policies. However, the Indra Sawhney case (1992) ruled that reservations should not be solely based on religion, ensuring that backwardness remains the main criterion.

Can a person who converts to a different religion still claim SC status and benefits?

The Constitution (Scheduled Castes) Order, 1950, states that individuals who practise Hinduism, Sikhism, or Buddhism are eligible for Scheduled Caste status. 

In the Soosai v/s Union of India case (1985), the court ruled that anyone who converts to Christianity or Islam loses their right to SC benefits. However, if individuals proved that they continued to experience the same social and economic disadvantages following conversion, the court said they could keep their caste status.

In 2007, the Ranganath Mishra Commission recommended that religious conversion have no effect on a person's SC status, but the Centre disagreed. 

In Ghazi Saaduddin v/s State of Maharashtra case, the court has yet to rule on whether religious converts should retain SC status. In April 2024, the court postponed its decision because the Centre had established the K G Balakrishnan Commission to investigate this matter. 

What is the current status of OBC reservations for religious groups as a whole?

The Supreme Court is still considering whether OBC reservations can be applied to an entire religious group. In 2005, Andhra Pradesh attempted to grant Muslims 5% of the OBC quota, but the AP High Court overturned it, ruling that the government failed to use objective criteria to determine Muslims' backwardness as a group. The Supreme Court had intended to hear the case after resolving the challenge to reservations for Economically Weaker Sections in 2022, but there has been no progress.

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HISTORY OF RELIGION-BASED RESERVATIONS IN INDIA

RESERVATION SYSTEM 

Source: 

Indian Express