Union Minister Shobha Karandlaje has urged Karnataka Governor Thaawarchand Gehlot to withhold approval for a proposed amendment to the Karnataka Transparency in Public Procurements Act, which seeks to reserve 4% of government contracts for minority communities. She argues that the provision violates constitutional principles of equality and secularism while potentially deepening social and economic divisions.
Calling the bill “unconstitutional, discriminatory, and against the ethos of the Indian Constitution,” Karandlaje emphasized that reservations should be based on social and economic criteria rather than religious identity.
In her letter to the Governor, Karandlaje wrote, “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. This amendment circumvents constitutional safeguards and is liable to be struck down by the judiciary.”
The minister further warned that the proposed amendment could be an indirect attempt to grant undue advantage to a specific religious community, which contradicts legal precedents stating that reservations should be based on objective criteria like social and economic backwardness.
She also expressed concern that the measure would likely face legal challenges and judicial scrutiny, 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.”
Karandlaje further criticized the move as an act of “appeasement politics” rather than genuine social justice, adding that such policies weaken the secular fabric of the country and set a dangerous precedent.
The Karnataka state cabinet recently approved an amendment to the Karnataka Transparency in Public Procurement (KTPP) Act, aiming to provide a 4% quota in tenders for minority contractors. The decision was made on March 14 in a meeting chaired by Chief Minister Siddaramaiah.
However, Karnataka Deputy Chief Minister DK Shivakumar has clarified that the reservation is not exclusive to Muslims but applies to “all minority communities and backward classes.” Similarly, State Minister Ramalinga Reddy defended the decision, stating that “five to six minority communities” would benefit from the policy, not just one group.
The debate over the amendment continues, with strong opposition from the BJP and legal experts warning of potential challenges in court.
