Demand for Full Implementation of Article 15(5) for Reservations in Private Institutions
The Congress party has urged the Union government to fully implement Article 15(5) of the Constitution, which empowers the state to provide reservations for SCs, STs, and OBCs in private educational institutions. This demand coincides with the 20th anniversary of the 93rd Constitutional Amendment. While the amendment enabled 27% reservation for OBCs in centrally funded higher education institutions (HEIs), the party argues that its application to private institutions remains incomplete. The Supreme Court upheld the validity of this provision in the Pramati Educational and Cultural Trust vs Union of India judgment (2014).
Key Points
- Article 15(5) was added via the 93rd Constitutional Amendment to enable reservations in both public and private educational institutions.
- The provision excludes minority educational institutions referred to in Article 30(1).
- The Congress suggests that any new regulator for higher education must oversee the implementation of these reservations.
- The 2014 Pramati Trust judgment is a landmark ruling confirming the constitutionality of Article 15(5).
- The 27% reservation for OBCs in centrally funded HEIs has reportedly brought economic and social mobility to millions.
Exam Facts
- The 93rd Constitutional Amendment Act (2005) introduced Article 15(5).
- The Pramati Educational and Cultural Trust vs Union of India judgment was delivered on May 6, 2014.
- The Viksit Bharat Shiksha Adhishthan Bill, 2025, seeks to establish a single regulator for higher education.
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