Bengaluru:
Karnataka Governor Thawar Chand Gehlot has sent the bill giving 4 per cent reservation to Muslims in government contracts to President Droupadi Murmu for assent, saying that the Constitution doesn’t allow for reservations based on religion.
“The proposed amendment, providing 4 per cent reservation to the Backward Class Category-II(B), which include only Muslim, may be construed as reservation for the community based on the religion,” read a statement from the Raj Bhavan.
The Governor also quoted a Supreme Court judgment That “emphasized that Articles 15 and 16 prohibit reservations on the basis of religion and any affirmative action must be rather based on the socio-economic factors”.
The Karnataka Transparency in Public Procurements (Amendment) Bill, meant to provide 4 per cent reservation for Muslims in public contracts, was passed by the state assembly in March.
The state’s Opposition BJP and HD Kumaraswamy’s Janata Dal Secular had called the bill “unconstitutional”. The two parties followed it up with a petition to the Governor that said the bill would “polarise society”.
While there is no provision for quota for religious groups, they are included for reservation as members of specific backward communities. Muslim social groups Momin and Julaha ae included in the Central OBC lists.
The current bill had its genesis during Mr Siddaramaiah’s first term as Chief Minister. 24 per cent quota was proposed for Scheduled Castes and Tribes for civil work contracts.
In 2025, it was extended to include the Backward Classes. The Congress contends that Muslims have been included as an OBC sub-category.
The BJP claims the bill is unconstitutional as it provides reservation on religious grounds.
In his statement, the Governor said he was sending the bill to the President using his discretionary powers.
The Governor’s statement came on the heels of a landmark Supreme Court judgment that defined the boundaries of the Governors’ powers. The court also criticised Tamil Nadu Governor RN Ravi, who withheld assent to 10 bills for three years.
The court also presented a timeline for Governors: A one-month deadline to withhold assent to a Bill and reserve it for the President’s review with the aid and advice of the Council of Ministers; when a Bill is reserved without the aid and advice of the Council of Ministers, this deadline will be three months; if a Bill is presented to a Governor after reconsideration by the state Assembly, he/she must clear it within a month.
