Religion-based preferential treatment in the services of the state is generally argued to be in contradiction with secularism. As a result, the Indian state has relied on a non-preference, non-discrimination framework to address the issues of backwardness and under-representation of Muslims. This article attempts to partially reconcile the contradiction between religion-based preferential treatment and secularism, and it is argued that the determination of welfare policies for religious minorities, particularly Muslims within the non-preference, non-determination framework, either has to be justified in the public philosophy of the state or social justice has to be given a relative preference to secularism, especially when the policies formulated within the non-preference, non-discrimination framework have not proven to be effective in targeting the relative backwardness of Muslims.
