Bengaluru : Karnataka Governor Thaawarchand Gehlot has refused to reconsider his decision to reserve the Karnataka Transparency in Public Procurements (Amendment) Bill, 2025, which proposes a 4% quota for Muslims in government contracts valued below ₹2 crore. Despite repeated appeals from the state government, the Governor has forwarded the bill to the President of India for further consideration under Article 200 of the Constitution, reported the India Today.
The bill, which aims to benefit Muslims recognized as a socially and economically backward community under Category II(B) of Karnataka’s Backward Classes list, has been returned twice by the Governor. He cited constitutional concerns, particularly the prohibition against religion-based reservations as outlined in Articles 15 and 16 of the Constitution.
Governor Gehlot emphasized that his action aligns with the recent Supreme Court judgment in the Tamil Nadu Governor case. That ruling stated that Governors have no direct recourse to constitutional courts for legal opinions and that the only constitutional path to resolve doubts about a bill’s legality is to reserve it for the President, who can then consult the Supreme Court under Article 143.
The Karnataka government defended the bill by arguing that it addresses the socio-economic backwardness of the Muslim community rather than providing religion-based benefits. However, Governor Gehlot pointed out that Category II(B) comprises only Muslims, which raises a constitutional red flag as it could appear to be exclusive to a religious group despite being labeled a backward class.
The impasse reflects ongoing tensions between state governments and Governors over legislative authority and constitutional interpretation, especially in matters concerning affirmative action.
