In a disturbing trend, some state governments have begun introducing religion-based reservations, blatantly violating the fundamental principles of the Indian Constitution. These moves, often driven by vote-bank politics, not only undermine the secular fabric of the nation but also set a dangerous precedent that threatens the very foundation of equality and justice. The recent decision by the Congress government in Karnataka to introduce a four percent reservation for minority Muslims in public contracts has drawn sharp criticism, including from the Rashtriya Swayamsevak Sangh (RSS). What’s more intriguing is that despite past rulings by the Supreme Court—striking down similar reservations in Andhra Pradesh and Tamil Nadu and imposing a cap of 50 percent on total reservations—such policies continue to resurface. The Constitution of India is clear—reservations were introduced as a tool for social justice, meant to uplift historically marginalized communities suffering from systemic discrimination. Dr. B.R. Ambedkar, the principal architect of our Constitution, ensured that these provisions were rooted in socio-economic backwardness rather than religious identity. By carving out quotas based purely on religion, these governments are distorting the very essence of affirmative action and engaging in unconstitutional appeasement. Article 15(1) explicitly prohibits the state from discriminating on the grounds of religion. Article 16(2) further bars any discrimination in public employment based on religion. Yet, under the guise of welfare, certain states are attempting to allocate benefits to specific religious communities, disregarding these constitutional safeguards. Such measures are not just legally dubious but also deeply divisive, pitting communities against one another instead of fostering inclusivity.
The Supreme Court has, time and again, struck down attempts at introducing religion-based reservations. In the Indra Sawhney case (1992), the apex court categorically ruled that caste, and not religion, could be the basis for identifying backwardness in granting reservations. However, political expediency has repeatedly driven parties to find loopholes, ignoring legal precedents to serve short-term electoral gains. Beyond legality, the social consequences of such policies are alarming. When governments single out specific religious groups for reservations, they sow seeds of resentment and disharmony. It creates a dangerous narrative that pits one community against another, eroding social cohesion and national unity. Moreover, it dilutes the original purpose of reservations—to uplift the truly disadvantaged, irrespective of their faith. If governments genuinely wish to support underprivileged groups, they should focus on economic and educational empowerment programs that benefit all marginalized sections without religious discrimination. Strengthening existing frameworks, improving education, and creating job opportunities should take precedence over divisive policies that threaten constitutional integrity. India has long prided itself on being a secular democracy where every citizen is treated equally under the law. Allowing religion-based reservations is not just a legal aberration; it is an affront to the very ideals upon which this nation was built. The judiciary, civil society, and vigilant citizens must resist such attempts and ensure that political opportunism does not override constitutional principles. The time has come to put an end to vote-bank politics disguised as social justice. Religious reservations are a betrayal of India’s democratic ethos, and we must stand united in defending our Constitution from such blatant violations. Governments must be reminded: equality before the law is not negotiable.