In a significant development, Karnataka Governor Thaawarchand Gehlot has rejected the state government’s latest request to reconsider his earlier decision to reserve the Karnataka Transparency in Public Procurements (Amendment) Bill, 2025 for the consideration of the President of India. The bill, which proposes a four per cent reservation for Muslims in government procurement contracts, has emerged as a politically sensitive subject, triggering both support and opposition within legal and political circles.
Governor Gehlot had initially reserved the bill for presidential assent on April 16, 2025. Despite the state government’s renewed attempt to seek the Governor’s approval by referencing recent Supreme Court rulings, the Governor has categorically refused to reverse his stance. In an official communication issued on May 28, the Governor stated that he was “constrained not to reconsider” his decision, citing constitutional principles and judicial precedents.
State government cites Supreme Court case
The Karnataka government had re-submitted the KTPP (Amendment) Bill to the Raj Bhavan, citing the State of Tamil Nadu vs. Governor of Tamil Nadu (1239 of 2023) case, in which the Supreme Court had observed limits on a governor’s discretion to withhold assent. According to the government, the Tamil Nadu case could set a precedent applicable to Karnataka’s situation, thereby justifying a reassessment of the Governor’s earlier referral to the President.
However, Governor Gehlot dismissed this argument, asserting that the nature of the bill in question involved reservation on the basis of religion, which he said is constitutionally impermissible.
Gehlot invokes constitutional articles and SC ruling
“The state government has cited observations from the Hon’ble Supreme Court regarding the Governor’s discretion in matters of assent. However, in a recent judgement, the Supreme Court has reaffirmed that Articles 15 and 16 of the Constitution explicitly prohibit reservations based solely on religion,” the Governor’s order said.
He emphasised that affirmative action must be rooted in socio-economic backwardness rather than religious identity. “The Supreme Court has clearly stated that any positive discrimination or affirmative policy must be based on social and economic parameters, not merely on religious affiliation,” he added.
File returned without assent
Reiterating his earlier decision, Governor Gehlot said, “I am constrained not to reconsider the decision for reserving the Karnataka Transparency in Public Procurements (Amendment) Bill, 2025, for the kind consideration of the Hon’ble President of India. As directed on 15-04-2025, return the government file for further necessary action.” This decision implies that the bill will remain pending with the President, with no scope for immediate implementation unless cleared by the Centre.
Political and constitutional implications
The bill, which provides for a 4 per cent quota for Muslims in government procurement contracts, has been a key promise of the ruling Congress government in Karnataka. Party leaders argue that the proposed measure is intended to promote equity and inclusive growth by supporting minority entrepreneurs and small contractors. However, opposition leaders and critics contend that the move violates constitutional provisions and promotes reservation based on religion.
The Governor’s latest move has intensified the debate on the extent of gubernatorial discretion, the limits of legislative intent in relation to constitutional norms, and the broader politics of minority welfare in India. Legal experts suggest that if the President declines assent to the bill, it could mark a judicial and political precedent impacting similar initiatives in other states.
For now, the fate of the bill rests with Rashtrapati Bhavan, while the state government may consider legal recourse or await further directions from the President’s office.
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