NEW DELHI, Apr 16: The Karnataka Governor Thawar Chand Gehlot has sent to President Droupadi Murmu for assent the bill giving 4 per cent reservation to Muslims in government contracts saying that the Constitution did not 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 which “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 had 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 are 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.
(Manas Dasgupta)