Governor Thaawarchand Gehlot has reserved the Karnataka Transparency in Public Procurement (Modification) Invoice, 2025 – which incorporates Muslims within the reservation supplied to varied communities in authorities tenders under Rs 2 crore – for the consideration and assent of the President of India.
“…I’m of the opinion that as a substitute of giving assent to the proposed Invoice, I’d deem match to order this Invoice for the type consideration of the Hon’ble President to keep away from extra Constitutional issues, because it includes Constitutional restrictions,” the Raj Bhavan informed the state authorities.
The Invoice was handed by each Homes of the state legislature on the final day of the funds session held in March.
The Invoice earmarks a 4 per cent reservation to the 2B class – Muslims – in authorities tenders under Rs 2 crore and procurement of products and companies under Rs 1 crore. The federal government, up to now, had enacted legal guidelines to supply reservations for Scheduled Castes, Scheduled Tribes, and Different Backward Courses in authorities tenders.
Returning the file on the Invoice to the federal government, the Raj Bhavan cited a Supreme Court docket determination, which mentioned, “‘It’s for the Governor to train his discretion and determine whether or not he ought to assent to the Invoice or ought to reserve it for the consideration of the President to keep away from future complication’.”
The Governor argued that whereas different reservation classes have a number of castes, category-2B “consists just one caste, i.e. Muslim”. Referring to the earlier BJP authorities determination to withdraw 4 per cent reservation offered to the Muslim neighborhood primarily based on the suggestions of the Karnataka State Fee for Backward Courses, the Governor mentioned that the earlier authorities’s determination stays challenged within the Supreme Court docket. “(sic) Therefore, as per the proposed modification, offering 4% reservation to the Backward Class Class-II(B) which embrace solely Muslim could also be construed as reservation for the neighborhood primarily based on the faith,” he mentioned.
Raj Bhavan added that there was a excessive probability that the reservation supplied by the Invoice “is likely to be construed as reservation primarily based on the faith, though earlier, it’s thought-about as Backward Class, in flip which can result in extra authorized issues.”