BJP Slams Karnataka Government’s Reservation Policy, Calls It Unconstitutional
BJP Slams Karnataka Government’s Reservation Policy, Calls It Unconstitutional
New Delhi, March 15 – The Bharatiya Janata Party (BJP) has strongly opposed the Karnataka government’s decision to provide a four percent reservation to certain minority communities in government contracts, calling it unconstitutional.
Addressing a press conference at the BJP headquarters in New Delhi on Saturday, senior BJP leader Ravi Shankar Prasad asserted that religion-based reservation is not permitted under the Indian Constitution. He emphasized that any form of reservation should be based on social and educational backwardness, not religious identity.
Criticizing the Congress government in Karnataka, Prasad accused it of engaging in appeasement politics to secure minority votes. He stated that the new standards of vote bank politics set by the Congress party could be detrimental to the nation’s unity and integrity.
This statement comes amid growing political debate over reservation policies and affirmative action in India, with BJP consistently opposing any reservation that is religion-based. The Karnataka government has yet to respond to BJP’s allegations, but the issue is likely to stir further controversy in the political landscape.
The Karnataka government has recently introduced a 4% reservation for Muslim contractors in government tenders, aiming to promote economic inclusion and equitable business opportunities for minorities. This initiative was announced by Chief Minister Siddaramaiah during the presentation of the state’s budget for the fiscal year 2025-26.
Details of the Reservation Policy
Under this policy, 4% of government contracts valued up to ₹2 crore are reserved for Muslim contractors. This reservation aligns with existing quotas for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) in government procurement processes. The proposed amendment to the Karnataka Transparency in Public Procurement (KTPP) Act, 1999, seeks to create a new Category II(B) specifically for Muslim contractors, thereby formalizing their eligibility for these reserved contracts.
Constitutional Considerations
The introduction of religion-based reservations has sparked debate regarding its constitutionality. The Indian Constitution permits affirmative action to uplift socially and educationally backward classes. Article 15(4) allows the state to make special provisions for the advancement of socially and educationally backward classes of citizens, while Article 16(4) enables reservation in public employment for any backward class of citizens not adequately represented in public services.
However, the Constitution prohibits discrimination solely based on religion. The Supreme Court, in the Indra Sawhney case (1992), emphasized that reservations should be based on social and educational backwardness rather than exclusively on religious identity.
Government’s Clarification
In response to criticisms, Karnataka’s Deputy Chief Minister, D.K. Shivakumar, clarified that the 4% reservation is intended for all minorities classified under backward classes, not exclusively for Muslims. This clarification aims to align the policy with constitutional mandates by targeting socio-economic backwardness rather than focusing solely on religious identity.
The policy’s alignment with constitutional provisions will likely be scrutinized and debated in political and legal arenas to ensure it adheres to the principles of affirmative action without contravening the prohibition against religion-based discrimination.
