Bengaluru/IBNS: Karnataka Governor Thawar Chand Gehlot has sent a bill providing 4 percent reservation to Muslims in government contracts to President Droupadi Murmu for assent, saying that the Constitution doesn't allow for reservations based on religion.

"The proposed amendment, providing 4 per cent reservation to the Backward Class Category-II(B), which includes only Muslims, may be construed as a reservation for the community based on the religion," a statement from the Raj Bhavan said.

Quoting a Supreme Court judgement, the Governor said that it "emphasized that Articles 15 and 16 prohibit reservations on the basis of religion and any affirmative action must be rather based on the socio-economic factors."

The state assembly passed the Karnataka Transparency in Public Procurements (Amendment) Bill, meant to provide 4 percent reservation for Muslims in public contracts, in March.

The state's Opposition BJP and HD Kumaraswamy's Janata Dal Secular (JDS) had termed the bill "unconstitutional".

The two parties even sent a petition to the Governor stating that the bill would "polarise society".

While there is no provision for a quota for religious groups, they are included for reservation as members of specific backward communities.

Muslim social groups, Momin and Julaha, are included in the Central OBC lists.

The current bill had its inception during Siddaramaiah's first term as Chief Minister. A 24 percent quota was proposed for Scheduled Castes and Tribes for civil work contracts.

In 2025, it was extended to include the Backward Classes. The Congress contends that Muslims have been included as an OBC sub-category.

The BJP claims the bill is unconstitutional as it provides reservation on religious grounds.

The Governor has sent the bill to the President using his discretionary powers.