Muslim appeasement is once again rearing its ugly head. Andhra Pradesh Legislative Assembly passed the ‘Andhra Pradesh Reservation in Favour of Socially and Educationally Backward classes of Muslims Act 2007.’ The High Court quashed the act with a 5:2 majority by a 7 judge bench. The matter has come to the Supreme Court and will be heard by a three-judge bench of the SC.

Why this reservation based on religion at all? The Constitution is clear on the secular Characteristics of the Government and here is the Andhra Pradesh Government which has passed the Act contravening the provisions of the highest statute. Now, all those MLAs who voted for the Bill are under the oath to uphold the Constitution. And because the particular party and the supporters had the enough numbers to pass the Bill, they have passed the Act though the object envisaged in the Bill is against the Spirit and the Letter of the Constitution. It is said that ignorance of the law is no excuse. Then how could such a large number of MLAs hope to get away with their ignorance of Constitutional Provisions by their collective action on the floor of the house? Should these MLAs not be punished for violating the Constitution in such a brazen way and wasting the time and the money of the Courts? It has become the clever ploy by the political parties to promise the illegal and the impossible bounties and favours to the masses and to corner the votes, and later to put the burden on the courts to disapprove and declare these as unviable and untenable. Thus the politicians succeed in projecting to their supporting groups that it is the Court that is denying the favours though the parties attempt to serve them with better goodies!

Elections are won many a times by such illegal promises. The Election Commissioner should take note of this and annul the victory of such parties or persons influenced by such unconstitutional promises. The EC should not wait till the large numbers get elected this way and threaten the edifice of the Constitution. Look at the wordings of the Bill: ‘Socially and Educationally Backward Classes of Muslims’. Why the word ‘Muslims’? If the protective discrimination is to be given, it should be a universal one on the economic basis and not a religious one. Such favours become discriminating on the basis of religion which is prohibited. If MLAs do not understand the legal position of the constitution they should be punished collectively including by taking steps to dissolve the house made up of such defying MLAs.

Such defiance should be nipped in the bud. Else it will grow into a humungous monster and gobble up the secular nature of the policies leading to Majority vs. Minority wars for favouritism. Next time around the EC should be vigilant and pull up the candidate appeasing the voters on violation per se of the Constitution. If the EC fails to act before the election on such declared intentions that are unconstitutional, then the EC would be acting in negligence calling for action against it. It is now reported that similar legislation favouring Muslims have been enacted by the governments of Kerala, Karnataka, Tamil Nadu and Manipur. These legislations should be questioned of their constitutional propriety.

I suggest that the SC should take up all these legislations under the present bench and declare them illegal nad unconstitutional and pull down the curtain once and for all on the unconstitutional laws passed by sheer strength of arithmetic of MLAs. We have to be careful about political parties claiming to be secular and bringing out legislations based on communal discrimination. Let the political parties learn to garner votes on the basis of holistic development and not through untenable and unconstitutional reservations and favours. Hope the SC bench saves the constitution once and for all on the issue of Muslim appeasement.