Karnataka Guv Thawar Chand Gehlot Sends 'Controversial' 4 % Reservation To Muslims Bill To President Murmu

Karnataka Governor Thawar Chand Gehlot on Tuesday sent 'controversial bill' seeking a 4 % reservation to Muslims in Government contracts valued up to Rs 1 crore to President Droupadi Murmu for assent. He said that the Constitution doesn't support reservations on basis of religion, but state government has recommended it.

"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.

Earlier, this week, Prime Minister Narendra Modi criticised the Congress-led government in Karnataka for allegedly taking away the rights of SC/STs and OBCs by reserving tenders based on religion during a public gathering in Haryana.

Constitutional Concerns Over Reservation

Governor Gehlot also highlighted that the Supreme Court has consistently ruled that affirmative action should be based on social and educational backwardness rather than religious identity. He referred to a Supreme Court judgement in the Saurabh Chaudri vs Union of India case, which emphasised that Articles 15 and 16 prohibit reservations based on religion.

In March 2023, the previous BJP government withdrew the 4% reservation for Muslims under Category-2B. This decision is currently being challenged and stayed by the Supreme Court. Gehlot noted that providing such reservations could be seen as religion-based, which is against constitutional provisions.

Historical Context and Legal Precedents

The Muslim community was included under OBC Category-2B with a 4% reservation back in 1994. However, this classification has faced legal challenges over time. Gehlot cited a Calcutta High Court case where the classification of 77 Muslim communities as OBCs was struck down because religion appeared to be the sole criterion.

The Bill also aims to increase reservation limits for SC/STs from Rs 1 crore to Rs 2 crore in construction contracts. It introduces reservations for SC/STs, Muslims, Category-1, and Category-2A in government tenders for goods and services up to Rs 1 crore.

Chief Minister Siddaramaiah defended his government's decision to provide a 4% reservation for Muslims in public contracts stating that supporting economically and socially weaker sections is part of Congress' mission.

Siddaramaiah challenged Modi to show any evidence of BR Ambedkar opposing religion-based reservations.