Union Minister Shobha Karandlaje has urged Karnataka Governor Thaawarchand Gehlot to withhold consent to a proposed amendment to the Karnataka Transparency in Public Procurements Act. The amendment seeks to reserve 4 per cent of government contracts for minority communities. Karandlaje argues that such a provision violates constitutional principles of equality, secularism, and non-discrimination and could deepen social and economic divisions.
Calling the bill “unconstitutional, discriminatory, and against the ethos of the Indian Constitution,” Karandlaje insists that reservations should be based on social and economic criteria rather than religious identity.
In her letter to the Governor, she wrote, “I write to express my grave concern over the Proposed Amendment to the Karnataka Transparency in Public Procurements Act, which seeks to grant 4 per cent reservation in Government tenders and contracts to Muslims under Category 2B. This bill, introduced in the Karnataka Legislative Assembly, is unconstitutional, discriminatory and against the ethos of the Indian Constitution.”
She further argued that the Indian Constitution does not permit reservations based on religion, as it violates the principles of equality (Article 14), non-discrimination (Article 15), and equal opportunity in public employment (Article 16). According to her, the Supreme Court has consistently ruled that affirmative action must be based on social and educational backwardness, not religious identity.
“The proposed amendment is an open circumvention of constitutional safeguards and is liable to be struck down by the judiciary. Granting such a reservation not only undermines the integrity of our Constitutional framework but also jeopardises the secular fabric of our nation,” she added.
Legal and Political Controversy
Karandlaje warned that this measure is likely to face legal challenges and intense judicial scrutiny, citing past precedents where similar policies were overturned.
“This measure is likely to invite legal challenges and would be subject to intense judicial scrutiny, as evidenced by precedents set in similar cases,” she stated.
She further criticized the amendment, arguing that reservations in government tenders based on religion contradict principles of fairness, transparency, and meritocracy in public procurement.
“Providing reservations in government tenders and contracts based on religion goes against the principles of fairness, transparency, and meritocracy in public procurement. It will create an unequal playing field, depriving socially and economically backward communities of equal opportunities. This bill is nothing but an attempt to institutionalize preferential treatment for political appeasement rather than genuine social justice.”
State Government’s Justification
The Karnataka state cabinet, led by Chief Minister Siddaramaiah, approved the amendment to the Karnataka Transparency in Public Procurement (KTPP) Act on March 14. The amendment aims to provide a 4 per cent reservation in tenders to minority contractors, and it will be tabled in the ongoing assembly session for final approval.
However, Karnataka Deputy Chief Minister DK Shivakumar clarified that the reservation is not exclusive to Muslims but extends to all minority communities and backward classes.
State Minister Ramalinga Reddy also defended the policy, stating, “BJP always does nonsense things… There is a reservation for SC/ST. Now, we have given reservations to minorities. There are five to six minority communities… All will come under this reservation, not just one community.”
BJP vs Congress: The Political Divide
While the BJP has slammed the move as appeasement politics, the Congress government insists it ensures equal opportunities for marginalized communities. The legal battle over this amendment appears imminent, as constitutional experts and political analysts continue to debate its validity and impact on governance in Karnataka.