The Karnataka government's decision is in accordance with several commissions that have recommended reservations for Muslims not on the basis of religion but on the basis of social and educational backwardness.
Published Mar 25, 2025 | 6:11 PM ⚊ Updated Apr 12, 2025 | 11:30 AM
An under-construction expressway. (iStock)
Synopsis: The Karnataka government decided to include Muslims in the Other Backwards Classes (OBC) quota of the Public Procurement Act after some legislators, along with the contractors belonging to the same community, approached Chief Minister Siddaramaiah. A closer look at the provisions of the bill suggests that the reservation is not just for Muslims but has already existed for other minorities in the state based on social and economic backwardness.
The BJP has been protesting, even in both Houses of the Parliament, against the Karnataka Transparency in Public Procurements (KTPP) Amendment Bill, which aims to grant a four percent reservation for Muslims, under Category-2B of Other Backward Classes (OBC), in government contracts.
BJP leaders, including Union ministers, have been arguing that the amendment was unconstitutional and termed the Congress government’s move “appeasement politics”.
They even claimed that the grand old party was trying to create a divide between Hindus and Muslims by providing reservations based on religion.
However, a closer look at the provisions of the bill, passed in the Karnataka Assembly on 21 March, suggests that the reservation is not just for Muslims but has already existed for other minorities in the state based on social and economic backwardness.
The state government said it has decided to include Muslims in the Other Backwards Classes (OBC) quota of the Public Procurement Act — which was exempted earlier even though the community comes under II-B of the OBC list — after some legislators along with the contractors belonging to the same community approached Chief Minister Siddaramaiah.
The contractors had allegedly claimed that tenders in different government departments were not being awarded to them even though they were eligible to carry out the contract works in government over the years.
However, when South First checked provisions for reservations for socially and educationally backward classes in allotting public contracts, it was learnt that the recent development was not the first of its kind.
In 2015, a bill was tabled in the Karnataka Assembly to give 24 percent reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs) in civil works contracts with a limit of ₹50 lakhs. It was implemented in 2017.
On 20 December 2019, the Karnataka High Court upheld the reservation in civil work contracts. In July 2023, the ₹50 lakhs cap was raised to ₹1 crore for SC and STs.
Later, in June 2024, the reservation in civil works contracts was extended to OBC contractors belonging to Category-I and Category-IIA.
In the 21 March 2025 amendment, the cap for reservation in civil works contracts was raised to ₹2 crore and applied to various categories, including 24 percent for SCs and STs four percent for OBC contractors belonging to Category-I, 15 percent for OBC contractors belonging to category II-A, and extended the reservation to Category-IIB (Muslims) as well.
A few days ago, Deputy Chief Minister DK Shivakumar, Deputy Chief Minister had justified the bill and countered the BJP allegations of appeasement politics.
He said, “We are concerned about all the minorities including Muslims, Christians, Sikhs, Buddhists, and Jains. This reservation extends beyond Muslims, it includes all the minorities and backward classes.”
While proposing to pass the KTTP bill in the state Assembly on 21 March, Chief Minister Siddaramaiah said, “Several steps have been taken in this budget to make Karnataka a model state in the country. Among those steps is reservation in contract works. We have taken this step by including Scheduled Castes, Scheduled Tribes, and Backward Classes in Category I, IIA, and IIB. There are very few or no contractors in these categories.”
He asked all the legislators, “How can Karnataka be a Vishwaguru by depriving 14 percent of citizens of their education, health and basic facilities? It would be impossible to achieve economic growth if we don’t bring these 14 percent of people on the development scale. It is unconstitutional to keep this community away from development.”
He further pointed out the difference in the rate of Human Development Indices. “The human development index for General Category is 0.644 and the difference between them and Muslims is 0.274. For SCs, it is 0.154 and for STs, it is 0.204.”
The state government has also stressed that the bill will solve the unemployment problem among the people of minority communities. “It will not cause any extra expenditure to the state exchequer,” the chief minister said.
Meanwhile, Rizwan Arshad, a Congress leader explained the concerns of the Muslim community to South First.
“It hurts when we are not treated like the citizens of India. We too pay taxes for everything we purchase and the services that we use. PM Modi had stated that he would like to see the youngsters of the Muslim community holding the Quran in one hand and a laptop in another. Are the BJP leaders in Karnataka going against what our PM said? When you look at the entire budget, the allocation given to us is ₹4,514 crore which is just 1.1 percent of the total budget, which is less since Muslims account for 14 percent of the state’s population,” Arshad said.
Soon after the amendment was passed in the assembly, BJP and JD(S) MLAs created a ruckus with their indisciplined act. They got into the well of the Upper House, tore papers and threw them on Speaker UT Khader’s face. Even the marshals’ attempts to stop them did not worked out.
Later, 18 Opposition MLAs were marshalled out of the Assembly halls and the speaker suspended them for six months over their indisciplined act.
BJP MLAs also branded the budget and amendment of the KTPP bill with different names. While BJP State President BY Vijayendra called the reservation quota Sarkari Jihad, MLA Araga Jnanendra called it ‘Halal Budget‘.
Vijayendra has claimed that his party’s stance on this issue was clear and it would not change on any grounds.
Calling the Congress-led government anti-Hindu, he said, “The Congress government’s politics of appeasement has crossed the limit. It has provided reservations to Muslims in government contracts by bypassing the Constitution, the courts, and Ambedkar’s thoughts. This stand of the Congress is condemnable.”
Similarly, BJP MP, Tejasvi Surya criticised the government and called it an act of incentivising conversion. He said, “Cabinet nod by Congress government to hand out four percent quota for Muslims in government tenders is an attack on the Constitution and an act of incentivising conversion.”
“Social and economic backwardness but not religion has always been the norm. This new gimmick for electoral gains is equal to undoing the very purpose of reservation. This government is misusing power, and public resources for vote bank politics and turning our economy into a playground for political opportunism,” he added.
JD(S) leader and Union Minister HD Kumaraswamy mentioned that their party’s stance with the BJP on the reservation issue will continue to remain the same. Kumaraswamy said, “Congress is destroying the reservation system which is an ideal concept of social justice, just for electoral selfishness and vote bank politics.”
In 1995 when the Veerappa Moily-led Congress government was voted out of power in the state, HD Deve Gowda led Janata Party came to power in Karnataka.
At that time, Gowda, the current JD(S) supremo, implemented four percent reservation for Muslims which was announced by the Congress.
According to the Minority Welfare Department of the government of Karnataka, there are a total of 95 castes belonging to different communities out of which eight castes are of the Muslim community.
CS Dwarkanath, former chairman of the Karnataka State Commission of the Backward classes, said, “Castes of different communities in Category-I (of OBC) are treated on par with SC because of their social and educational backwardness. The reservations given by the successive governments in the state, be it JD(S), BJP and Congress, are on the basis of social and educational backwardness not on the grounds of particular religion and castes.”
The list of communities under Category-I includes Nadaf, Pinjara, Kasab, Nalbandh, Chapparbandh, Darveshu, Phulmaali, and Kasai along with other castes which are provided four percent reservation.
Under Category-IIA, there are Buddhists, dhobi, luhar, sunar, and athaari along with other 102 subcastes who are given a 15 percent reservation. However, there are no subcastes belonging to the Muslim community under this category.
Category-IIB consists only of Muslims, with 4 percent reservation, not on the basis of religion but the social and educational backwardness as recognised and recommended by various commissions.
Category-3A consists of Vokkaligas and other castes with percent reservation while Category-3B accords five percent reservation for Lingayaths, Jains (Digambaras), and Christians along with other castes.
Not just the State Directorate of Minorities or State Backward Classes Welfare Department, even the National Commission for Backward Classes recognises sub-castes of Muslims like Chapparaband, Phulmali and others under the Other Backward Classes (Excluding Cutchi Memon, Navayat, Bohra or Bhora, Sayyid, Shiek, Pathan, Mughal, Mahidvia, Konkani or Jamayati Muslims).
In 1919, the then-Mysore Maharaja Nalvadi Krishnaraja Wodeyar formed the Miller Committee led by Sir Leslie Creery Miller to check the representation of oppressed and non-Brahmin class in the public services.
The Committee recommended that, for a period of seven years, half of the higher appointments and two-thirds of the subordinate appointments must be from the Backward Communities (including non-Brahmins and Muslims).
Several other backward class commissions in the state also recognised subcastes of Muslims under OBC and recommended reservations for them as they are socially and educationally backwards.
The LG Havanur Commission, which is called the First Backward Classes Commission of Karnataka, identified four categories — Backward Communities, Backward Castes, Backward Tribes, and Special Communities — submitted its report.
Based on the report, it was stated that Muslims have been defined within the scope of backward communities according to the order of Government Order No: DPAR 01 SBC 1977, dated 4 March 1977.
After its implementation, it was challenged in the High Court of Karnataka by one person named, Somashekarappa. However, the high court bench had stated the reservation was not provided on the basis of religion but on the grounds of social and educational backwardness.
Similarly, the O Chinnappa Reddy Commission (1990) identified castes under various categories as Category-1, Category-2A, Category-2B, Category-3A, Category-3B and Category-4. At that time, it recommended identifying the Muslim community for social and educational backwardness separately in Category 2B and providing reservations to bring them on par with other communities in terms of economic growth.
Later, the P Ravi Varma Kumar Commission (1997-2000) identified five categories — Category-1, Category-2A, Category-2B, Category-3A, and Category-3B — which is being followed now. P Ravi Varma Kumar Commission has also included the Muslim community in Category-2B of the backward classes.
Similarly, commissions formed by the Centre, including Justice Ranganath Mishra Commission (2004-2007) submitted its report recommending reservation for Muslims not on the grounds of religion but on the grounds of educational and social backwardness.
Similarly, in 2005, Justice Sachar Commission was formed to study the condition of Muslims and their public representation in various government departments. It recommended to provide a four percent reservation for Muslims in educational institutions and government jobs.
All these commissions have recommended reservations for Muslims not on the basis of religion but on the basis of social and educational backwardness.
Article 15(4) of the Indian Constitution states that the state is not prevented from making any provision for the advancement of any socially and educationally backward classes, the scheduled castes and scheduled tribes. This provision was added by the 1st Amendment Act in 1951.
Similarly, Article 16(4) states that the state is not prevented from making any provision for reservation of appointments or posts in favour of any backward class which is not adequately represented in the services under the state.
(Edited by Muhammed Fazil.)
