BENGALURU, April 16 – Karnataka Governor Thawar Chand Gehlot has referred a state bill granting 4% reservation to Muslims in public procurement contracts to President Droupadi Murmu, citing concerns over its constitutional validity, the Raj Bhavan said on Wednesday.
The Karnataka Transparency in Public Procurements (Amendment) Bill, passed by the state assembly in March, seeks to extend quota benefits to Muslims under the Backward Class Category-II(B) in government tenders and contracts. The move has drawn criticism from the opposition Bharatiya Janata Party (BJP) and Janata Dal (Secular), who called it “unconstitutional” and alleged it was based solely on religion.
In a statement, the Governor said the provision “may be construed as reservation for the community based on religion,” which is prohibited under Articles 15 and 16 of the Constitution. Citing a Supreme Court judgment, he noted that affirmative action must be based on socio-economic criteria and not religious identity.
The bill, initially introduced during Congress leader Siddaramaiah’s earlier term as Chief Minister, originally proposed a 24% quota in civil work contracts for Scheduled Castes and Tribes. In 2025, it was expanded to include Backward Classes, with Muslims classified under OBC sub-categories — a classification the ruling Congress government argues justifies their inclusion.
The BJP has strongly opposed the bill, claiming it violates constitutional norms. The party submitted a petition to the Governor alleging that the legislation could “polarise society.”
Muslim groups such as Momin and Julaha are already included in the central list of Other Backward Classes (OBC), allowing for reservation benefits under social and educational criteria rather than religious identity.
The Governor’s decision follows a recent Supreme Court judgment that set clear timelines for gubernatorial action on state legislation. The court ruled that governors must act on bills within one to three months, depending on the circumstances, and criticised undue delays in withholding assent, referencing Tamil Nadu Governor R.N. Ravi’s withholding of 10 bills for over three years.
Governor Gehlot invoked his discretionary powers in referring the Karnataka bill to the President, a move that could set the stage for a fresh legal and political debate on religion-based affirmative action in India. The President’s response will determine the future of the legislation, which could impact procurement opportunities for thousands of contractors in the state.
