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India's Supreme Court Permits Educational Set-Asides For Muslims

By Howard M. Friedman

The Times of India reports that on Monday, a panel of India's Supreme Court upheld implementation by the state of Andhra Pradesh of its Reservation in Admissions of Muslims in Educational Institutions Act, 2007. The law sets aside 4% of the seats in various college programs for Muslims. While India's Constitution (Art. 15) prohibits religious discrimination, the Court said this quota was justified because of the social and educational backwardness of the Muslim community in Andhra Pradesh. The Constitution permits states to make "special provision for the advancement of any socially and educationally backward classes of citizens." However the Court's decision is subject to the outcome in other pending cases challenging the constitutionality of the 2007 law creating the set-asides.

Full post as published by Religion Clause on August 06, 2008 (boomark / email).