Karnataka Governor stands firm on sending 4% Muslim quota bill to President

India Today

7 days ago

Karnataka Governor Thaawarchand Gehlot has refused to reconsider his decision to send the 4% Muslim quota bill to the President of India, despite the state government's requests.The bill in question, the Karnataka Transparency in Public Procurements (Amendment) Bill, 2025, aims to provide 4% reservation for Muslims in government contracts of under Rs 2 crore. After returning it twice, the Governor confirmed on May 22 that he has already forwarded the bill for the President's 'kind consideration' under Article 200.advertisementThe state government had urged Governor Gehlot to approve the bill, especially in light of a recent Supreme Court ruling that criticised excessive delays by Governors in similar situations. But Gehlot stood his ground, citing the same judgment to justify his move.
The Governor referred to the Supreme Court's observations in the State of Tamil Nadu vs Governor of Tamil Nadu case, which noted that Governors do not have a way to seek legal advice from courts directly. 'This is all the more necessary as there is no mechanism at the state level for the Governor to refer bills to the constitutional courts for their advice or opinion thereupon,' he said. 'Under the scheme of the Constitution as we see it, there is only one possible way for the Governor to ascertain the palpable constitutionality of a bill, which is by way of reserving it for the consideration of the President who in turn is then expected to invoke Article 143.'advertisementAccording to the Supreme Court judgment, the only way to address constitutional doubts about a bill is to send it to the President, who can then consult the Supreme Court under Article 143 of the Constitution.Previously, Governor Gehlot had sent the bill back, as he believed it looked like religion-based reservation. He had pointed to Articles 15 and 16 of the Constitution, which say the government can't give special treatment just based on religion.The state had argued that the government meant to help Muslims as a socially and economically backward group, not just based on religion. Muslims are already listed under Category II(B) of Backward Classes in Karnataka.Governor Gehlot had noticed that Category II(B) only includes Muslims, no other groups, which made the reservation appear to be religion-specific, even if it presented the group as backward class-based.Must Watch