Karnataka Governor Thawar Chand Gehlot has sent the 4% Muslim reservation bill for public contracts to President Droupadi Murmu for assent, stating that the Constitution does not permit reservations based on religion. The Raj Bhavan issued a statement explaining that the proposed amendment, which provides reservation under the Backward Class Category-II(B) for Muslims, could be perceived as religion-based reservation, which is prohibited under Articles 15 and 16.
The Karnataka Transparency in Public Procurements (Amendment) Bill, passed in March by the state assembly, aims to grant 4% reservation for Muslims in government contracts. Opposition parties such as the BJP and HD Kumaraswamy’s JD(S) have criticized the bill, calling it “unconstitutional” and claiming it could polarize society. They filed a petition to the Governor, arguing the bill violates the constitutional principle of non-discrimination based on religion.
While the bill does not directly provide religious reservations, it offers OBC status to specific Muslim communities, such as Momin and Julaha, already included in the Central OBC list. The Congress government justifies the bill by asserting that Muslims are being included under the OBC sub-category, which is socio-economically based.
This bill traces its roots to Siddaramaiah’s first term when a 24% quota was proposed for Scheduled Castes and Tribes in civil contracts. However, critics, particularly the BJP, argue that granting reservation based on religion is unconstitutional.
The Governor’s move comes after a landmark Supreme Court ruling outlining the timelines and protocols for Governors’ actions, criticizing those who delay assent without valid grounds.
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