The High Court of Karnataka has upheld the constitutional validity of a law introduced in 2017 reserving works not exceeding 17.15% and 6.95% of the total construction works, value of which does not exceed ₹50 lakh in tender process, for persons belonging to the Scheduled Castes (SCs) and Scheduled Tribes (STs) respectively.
Justice B. Veerappa delivered the verdict while upholding the constitutional validity of a proviso, introduced by amending Section 6 of the Karnataka Transparency in Public Procurements (KTPP) Act, for reserving works not exceeding 24.1% of the total construction work, executed by inviting tenders under the KTPP Act for SCs and STs.
Vishwanath H.M., a class 1 contractor from Bengaluru, had challenged the reservation in construction works while contending that reservation was a violation of the constitutional provisions, while claiming that reservation applies only for education, employment, and not in other subjects, including the tender process.
‘Amendments reasonable’
Rejecting the arguments that reservation in tender process violates constitutional rights, the court held that: “The amendments are not violative of Articles 14, 15, 16, 19(1)(g) and 21 of the Constitution of India and are reasonable and in consonance with the right and spirit of the Constitution.”
Stating that the amendments were brought in to reserve construction works in favour of SCs and STs are not violative of the doctrine of the basic structure of the Constitution, the court said that the “amendments are justified”.
“Centuries of calculated oppression and habitual submission reduced a considerable section of our community to a life of serfdom. It would be well-nigh impossible to raise their standards if the doctrine of equal opportunity is strictly enforced in their case. Therefore, the impugned amendments neither prejudice the case of the petitioner nor vitiate the fundamental rights guaranteed under the Part-III (Articles 12 to 35) of the Constitution of India,” the High Court observed.
