The Supreme Court in all its decisions on reservation has interpreted the expression `backward classes' in Article 16 (4) to mean the "socially and educationally" backward. It also emphatically rejected "economic backwardness" as the only or the primary criterion for reservation under article 16 (4) and observed that economic backwardness has to be on account of social and educational backwardness. When Article 46 refers to "weaker sections", it qualifies that expression with different and more parenthetical clauses as pointed out earlier. Although Article 46 speaks of weaker sections, whose "economic" interests have also to be promoted along with their "educational" interests with special care, it also speaks of "protecting" them from all forms of "social injustice and exploitation".57 Justice P.B. Sawant says that: “The right to equality without the capacity and the means to avail of the benefits equally is a cruel joke on the deprived sections of the society. It widens the social and economic inequalities progressively with the haves making use of the guaranteed right to amass the fruits of progress, and the have-nots remaining where they are”.58

The principle of equality is echoed in the Constitution of India. All the citizens are entitled to be treated by the State equally, irrespective of their identity factors. No citizen may be discriminated against by the State only on any of these grounds. Justice P.B. Sawant says: ‘The exceptions to this principle are made in favour of women and children, the backward classes, the Scheduled Castes and the Scheduled Tribes, and the weaker sections”.59 It is also important to mention that the following constitutional provisions are foundational principles for social justice and substantive equality for the weaker and backward sections of society:

Article 15 (4) is basically meant to promote the educational advancement of the socially and educationally backward classes of citizens in the matters of admission of students belonging to them in unaided educational institutions, other than the minority educational institutions referred to in Clause (1) of Article 30 of the Constitution, in Article 15 (5) has been inserted after Clause 4. The new Clause shall enable the Parliament and the Legislatures to make appropriate laws for the purpose mentioned above. Article 15 (4) says:

Nothing in this Article or in Clause 2 of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes.

Similarly the main object of Article 16 is to create a constitutional right to equality of opportunity and employment in public offices. Article 16 (4) permits the state to make any provision for the reservation of appointments or posts in favour of any backward class, which, in the opinion of the state, is not adequately represented in the services under it. The expression "backward class" in this sub-clause is interpreted by the Supreme Court to mean "socially and educationally backward" as is specifically mentioned in the sub-clause (4) added later to Article 15. Article 46 directs the state to promote with special care the educational and economic interests of the "weaker sections of the people", and in particular, of the Scheduled Castes and the Scheduled Tribes and also directs the state "to protect them from social injustice and all forms of exploitation".

Various other studies have proved that Muslims in India are educationally socially backward and they deserve necessary remedies as their Fundamental Rights, which are enshrined in the Articles 15(4) and 16(4) for their reservation in public employment and educational institutions. There is no question of demanding reservation for Muslims on the basis of religion. It is legally prohibited to demand such rights based only on religion. However, if a community, group or castes is educationally and socially backward, it can demand for the fulfillment of these fundamental rights on the ground of ‘backwardness’. Remedial provisions against backwardness are part of the Fundamental Rights of the Indian Constitution, which was specifically enshrined to ensure social justice. Other provisions have delivered upon equality of rights and opportunity. But Articles 15(4), 16(4), 46 and 340 are mainly directed towards achieving the goal of equality of treatment and equality of result. Unfortunately, this very fundamental aspect of the Indian Constitution has not been addressed particularly in the context of the Muslims.

Some liberal individualists and others have fogged their views by raising the following objections. Reservation for the Muslims would weaken secularism. It would fuel communalism. Middle Class and judiciary would not accept it. It is constitutionally impossible. Muslims are pampered. Reservation is against the principle of equality. The practice of putting unequal before the equal have perpetuated inequalities. Even those who are equally qualified, talented and competitive Muslims have failed to get equal treatment and equal result if they undergo interviews in different settings. We must not hide the truth if we have to build India united and strong. Muslims being the largest minority must have its due share in all the sectors of powers and influences like others. Demand for reservation for the Muslims should not be seen in religious terms. It is basically a secular demand, which mainly based on the factor of backwardness. Reservation is possible for any community if it is educationally and socially backward.

Several judicial pronouncements have approved this approach particularly after the First Constitutional Amendment in 1951, adding Clause 4 in Article 15. The federal Government made this constitutional reform in support of the order of the Madras Government in 1950 for reserving seats in medical and engineering colleges for six communities including the Muslims. In Balaji v. State of Mysore, 1963 and in other cases, the Supreme Court of India has justified reservation on account of backwardness. Article 340 of the Constitution empowers both the Federal and State governments to set up Backward Class Commission or Committee to assess the situation of backwardness of any community and to suggest remedial measures. So far 11 State governments have set up this body. Governments of Kerala, Karnataka and Tamil Nadu have reserved seats for the Muslims in public employment and educational institutions. As a result, there is some improvement in their conditions from those States where no such arrangements have been made.

It is tragic to note that the Five Judge Bench of the High Court of Andhra Pradesh set aside the Government Order of the State on 7 November 2005 to reserve 5% seats for the Muslims belonging to non-creamy layers in educational institutions. The AP Government had taken this decision on the basis of the findings and the recommendations of the Backward Class Commission. Judiciary at the State level needs to listen to the plea based on backwardness and not the religious factor. Demand for reservation for the Muslims (based on the backwardness factor) in Public employment and educational institutions are a Fundamental Right, one of the Basic Features of the Constitution. Its rejection would not serve the purpose of the Constitution to uphold social justice. This is to recall that Muslims right for separate electorate, political safeguards and proportional representation had been replaced by the first-past-the-post system with a lot of assurances from the leading Members of the Constituent Assembly of India that Muslims would have a fair share in power. This was a conditional withdrawal, which must be compensated now on reasonable grounds. Reservation/ welfare measures would strengthen India's federal democracy.
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In pursuit of these constitutional aims and objectives, all the branches of the Federal and State governments are technically duty-bound to address to the needs of the backward classes of citizens. It is particularly the independent Judiciary which is expected to assist in the fulfillment of the rights and opportunities to minimize exclusion in the country. As a result of their collective efforts and decisive policies, Scheduled Castes, Scheduled Tribes, Other Backward Classes and Women were benefited with various opportunities for inclusion in elected bodies, employment, education and in other welfare sectors. Inclusion of these weaker sections has in fact boosted the democratization of governance and the use of national resources of the country. Inclusive policies have resulted in cementing the foundations of unity, solidarity and prosperity. Despite the existence of the ills of caste violence and castes prejudices, social, educational and economic welfare of the weaker sections has build a new bridge of meeting points between the socially categorized sections of people in various realms of polity and society. It was in this context, they built the National Constitution to build a stronger federal society, social solidarity, communal harmony based on building a new vibrant India free from discriminations, deprivations, and backwardness of minorities resulting in Inclusive Democracy in the country.