Karnataka Governor Thaawarchand Gehlot has refused to reconsider his decision to forward the Karnataka Transparency in Public Procurements (Amendment) Bill, 2025 — which provides 4% reservation for Muslims in government contracts under ₹2 crore — to the President of India, despite repeated requests from the state government.
On May 22, the Governor confirmed that the bill has already been sent for the President’s “kind consideration” under Article 200 of the Constitution.
The state government had urged Gehlot to approve the bill directly, especially after the recent Supreme Court ruling in the Tamil Nadu vs Governor case, which criticized governors for delaying bills unnecessarily.
But Governor Gehlot stood firm, saying the same judgment supports his action.
“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,” Gehlot 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.”
The state government has argued that the reservation is not based solely on religion, but rather aims to uplift Muslims as a socially and economically backward group. Muslims are officially listed under Category II(B) of Backward Classes in Karnataka.
However, Gehlot pointed out that this Category II(B) contains only Muslims and no other groups, making the bill appear religion-specific. He also referred to Articles 15 and 16 of the Constitution, which prohibit reservation or special treatment purely on religious grounds.
Previously, the Governor had sent the bill back to the legislature twice, raising constitutional concerns. With this latest move, the matter will now await the President’s review, which could eventually lead to the Supreme Court being consulted under Article 143 if needed.
