Proposed Amendment granting 4 per cent quota in Govt contracts to Muslims is unconstitutional and discriminatory: Union Minister Shobha Karandlaje

New Delhi [India] March 22 : 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, which seeks to reserve 4 per cent of government contracts for minority communities, arguing that such a provision violates 'constitutional principles of equality, secularism, and non-discrimination' while potentially deepening social and economic divisions.
Calling the bill "unconstitutional, discriminatory, and against the ethos of the Indian Constitution," Karandlaje argued that reservations should be based on social and economic criteria rather than religious identity.
In her letter, the Union Minister 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."
"The Indian Constitution 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). The Hon'ble 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" Karandlaje added in her letter.
According to the Union Minister's letter, the proposed amendment appears to be an indirect attempt to grant undue advantage to a particular religious community, which goes against judicial rulings stating that reservations should be based on objective criteria such as social and economic backwardness rather than religious identity.
"The introduction of this amendment appears to be an indirect attempt to provide undue favour to a specific religious community, thereby contravening judicial mandates that reservations should be determined based on objective criteria like social and economic backwardness, rather than on religious lines" the letter added.
Further, the minister warned that this measure is likely to face legal challenges and intense judicial scrutiny, as seen in similar cases in the past." This measure is likely to invite legal challenges and would be subject to intense judicial scrutiny, as evidenced by precedents set in similar cases", Karandlaje said.
In her letter, the Minister of State for Micro, Small, and Medium Enterprises further opposed the move, stating, "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."
"This proposed reservation is not aimed at empowering the underprivileged but is a blatant attempt at appeasement politics for electoral gains. Such divisive policies weaken the secular fabric of the country and set a dangerous precedent, leading to social disharmony and ..corruption. The government should focus on uplifting all backward communities based on socio-economic criteria rather than religion", the letter added.
The development comes amid heated debates in Karnataka over affirmative action and public procurement policies, with the state government defending the amendment.
The Karnataka state cabinet approved an amendment to the Karnataka Transparency in Public Procurement (KTPP) Act, which aims to provide 4 per cent reservation in tenders to Minority contractors, official sources said earlier.
The decision was taken on March 14 in a meeting chaired by Chief Minister Siddaramaiah at the Cabinet Hall of the Vidhan Sabha. Official sources added that the amendment will be made after the KTPP act is tabled in the ongoing assembly session.
However, Karnataka Deputy Chief Minister DK Shivakumar has clarified that the state government's decision to provide a four per cent reservation in government contracts is not exclusive to Muslims but extends to "all minority communities and backward classes."
Earlier, State Minister Ramalinga Reddy said that all five to six minority communities will come under this reservation.
"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," Ramalinga Reddy said addressing the media.