Religion-Based Reservation
Why It Is Constitutionally Barred
The Supreme Court in Indra Sawhney v. Union of India (1992) — the Mandal judgment — definitively ruled that religion cannot be the basis for reservation. Article 16(2) bars discrimination in public employment on grounds of religion. Taken together with Article 15, these provisions mean the State cannot create a distinct quota for members of any religion. Several High Courts have struck down attempts by state governments to provide reservation to Muslim communities on this ground.
- Indra Sawhney (1992): Upheld OBC reservation; capped total reservation at 50%; barred religion-based quota
- States like Andhra Pradesh and Kerala have faced judicial scrutiny over Muslim reservation schemes
- Religion-based reservation is distinct from "minority educational institution" protections under Articles 29–30
- OBC status of a community is determined by social and educational backwardness, not religious identity
● Tracked since April 16, 2026 · last seen April 16, 2026 · updates as the daily brief publishes
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