It is true that the state has already provided similar reservation for SCs/STs and OBC contractors
Affirmative action is a tool civilised societies employ to emancipate communities from their marginalised conditions and enter the mainstream. The benefits are often reserved for those who as a class have been denied the rights others enjoyed for generations.
Articles 14 and 15 of the Constitution of India mandate that the state shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth but authorises governments to “make special provisions for the advancement of socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes”. There is nothing in the Constitution which allows governments to extend affirmative action based on economic criteria.
The Karnataka Transparency in Public Procurements (Amendment) Bill, 2025, which the state Assembly passed the other day reserving for Muslims four per cent of contracts in civil works valued up to Rs 2 crore, and goods/services procurement contracts up to Rs 1 crore, hence, hardly qualifies for constitutional protection.
It is true that the state has already provided similar reservation for SCs/STs and OBC contractors. The amendment Bill has extended the reservation benefits to a category which has four per cent reservation for Muslims. The government would argue that the measure is designed to address the acute unemployment among the communities. But the fact remains that the Constitution has designed reservation as a policy to ensure that communities which have been kept off the mainstream get a chance to be part of it. Economic disadvantages are an issue that have to be addressed separately. More importantly, there is little logic nor legal backing for affirmative actions based on the religion of the beneficiaries.
The Sachar Committee which inquired into the social, educational and economic conditions of Muslims in India had come out with startling data. It had pointed out that the condition of Muslims is worse than that of SCs and STs in many parts of the country, and called for corrective measures. However, the fact remains that the Constitution provides for special action only to correct the social and educational backwardness, and not economic.
The Congress government in the state is sure to face legal and political challenges before implementing the new legislation. Given the political climate in the country, it remains to be seen how long the Congress can stand by its government in Karnataka and the measure it has taken now.
