4% Muslim quota in tenders: Karnataka Governor sends Bill to President

Bengaluru: Karnataka Governor Thaawarchand Gehlot has reserved for presidential assent the Congress government’s Bill to introduce a 4 per cent quota for Muslims in contracts to “avoid more Constitutional complications” while arguing that the country’s founding document does not allow religion-based reservations.

The Governor's move came after Prime Minister Narendra Modi, at a public event in Haryana earlier this week, attacked the Congress government for reservation in tenders on the basis of religion by "snatching away" the rights of SC/STs and OBCs. 

The Karnataka Transparency in Public Procurements (Amendment) Bill was passed by the legislature last month. The Bill proposes to provide Muslims with a 4 per cent reservation in construction works contracts valued up to Rs 1 crore.

“The Constitution of India does not permit reservation based on religion, as it violates the principles of equality (Article 14), non-discrimination (Article 15) and equal opportunity in public employment (Article 16),” Gehlot stated in his communication to the government. 

Gehlot argued that the Supreme Court “has consistently” ruled that affirmative action must be based on social and educational backwardness and not religious identity.  

The Governor noted that the Muslim community is the lone member under OBC Category-2B with a 4 per cent reservation, a decision made in 1994. 

In March 2023, the previous BJP government withdrew the 4 per cent reservation under Category-2B. This, Gehlot pointed out, has been challenged in and stayed by the Supreme Court where the case is pending. 

“Hence, as per the proposed amendment, providing 4 per cent reservation (to Muslims) may be construed as reservation for the community (religion) based on the religion,” Gehlot stated. 

Gehlot referred to a Supreme Court judgement in the Saurabh Chaudri vs Union of India case “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 Governor also cited a Calcutta High Court case on the classification of 77 Muslim communities as OBCs in West Bengal, which was struck down. “...in its verdict, the High Court said, ‘Religion indeed appears to have been the sole criterion for declaring these communities as OBCs. Selection of 77 classes of Muslims as backwards is an affront to the Muslim community as a whole’,” Gehlot stated.

The Bill also increases the reservation limit in construction works contracts for SC/STs from Rs 1 crore to Rs 2 crore. It also introduces reservation for SC/STs, Muslims, Category-1 and Category-2A in government tenders for the procurement of goods and services up to Rs 1 crore.

Strongly defending his government's move to provide 4 per cent reservation for Muslims in public contracts, Chief Minister Siddaramaiah said giving strength to those who are economically and socially weak is the Congress' mission and commitment. He also asked Modi to apologise if he failed to show any writing or speech by Constitution architect BR Ambedkar opposing religion-based reservation.