New Delhi: The Indian National Congress has called upon the Narendra Modi-led government to introduce legislation ensuring reservation for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) in private and non-minority educational institutions. The demand, put forth on Monday, cites constitutional provisions and past judicial rulings that uphold the legitimacy of such a move.
Congress General Secretary (Communications) Jairam Ramesh, in an official statement, referred to a recent recommendation by the Parliamentary Standing Committee on Education, Women, Children, Youth, and Sports. The committee, in its 364th report on the Demand for Grants for the Department of Higher Education, suggested the introduction of new legislation to fully implement Article 15(5) of the Constitution, which allows the State to make special provisions for the advancement of socially and educationally backward classes, including SCs and STs, in educational institutions—both public and private, except for minority institutions.
“In its 364th Report on the Demand for Grants, the Parliamentary Standing Committee has also recommended new legislation to implement Article 15(5). The Indian National Congress reiterates this demand,” Mr. Ramesh stated.
The Congress leader pointed out that Article 15(5) was introduced through the Constitution (Ninety-third Amendment) Act, 2005, which came into effect on January 20, 2006. The provision states that the government can make special laws for the advancement of socially and educationally backward classes, including SCs and STs, for their admission to educational institutions, whether aided or unaided, except minority institutions.
Further strengthening the argument, Mr. Ramesh highlighted the Central Educational Institutions (Reservations in Admission) Act, 2006, which implemented reservations for SCs, STs, and OBCs in central educational institutions from January 3, 2007.
Judicial rulings have also reinforced the applicability of Article 15(5) to private unaided non-minority institutions. In the Indian Medical Association vs. Union of India case, the Supreme Court in a 2-0 verdict on May 12, 2011, upheld the constitutional validity of reservations in such institutions. Moreover, in the Pramati Educational and Cultural Trust vs. Union of India case, the Supreme Court in a 5-0 verdict on January 29, 2014, explicitly upheld Article 15(5), affirming that reservations for SCs, STs, and OBCs in private educational institutions are constitutionally permissible.
Mr. Ramesh emphasized that the Congress party had promised reservations for SCs, STs, and OBCs in private educational institutions in its 2024 Lok Sabha election manifesto. The demand for legislation is in line with this commitment.
As the demand gains traction, political analysts expect a heated debate in Parliament, with proponents advocating for inclusive policies and opponents questioning the impact on institutional autonomy and meritocracy.
