Congress pushes for legislation on quotas in private educational institutions

The Congress party demanded that the government introduce legislation to ensure SC, ST, and OBC quotas in private, non-minority educational institutions.

Congress General Secretary Jairam Ramesh emphasized that the Parliamentary Standing Committee on Education had recommended a new law to implement Article 15(5) of the Constitution.

Under Article 15(5), specific legal provisions can be made by the state for the benefit of Scheduled Castes, Scheduled Tribes, and socially and educationally backward classes.

These provisions include reservations in both public and private educational institutions, excluding minority educational institutions.

According to Ramesh, the Congress party had pledged during the most recent Lok Sabha elections to introduce legislation to apply Article 15(5) to private educational institutions.

"In its 364th Report on the Demand for Grants for the Department of Higher Education, the Parliamentary Standing Committee on Education, Women, Children, Youth, and Sports also recommended new legislation to implement Article 15(5). The Indian National Congress reiterates this demand," Ramesh said.

The Constitution (Ninety-third Amendment) Act, 2005, came into effect on January 20, 2006, and it introduced Article 15(5) into the Constitution.

"Nothing in this article or sub-clause (g) of clause (1) of Article 19 shall prevent any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes, insofar as such special provisions relate to their admission to educational institutions, including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of Article 30," it states.

The Central Educational Institutions (Reservations in Admission) Act, 2006, was passed by Parliament, and reservations for Scheduled Castes, Scheduled Tribes, and socially and educationally backward classes in central educational institutions were introduced with effect from Jan 3, 2007.

Ramesh also explained the timeline of legislation to implement Article 15(5).

He cited the case of Ashoka Kumar Thakur v. Union of India, decided by a 2-0 vote on April 10, 2008, which held that Article 15(5) is constitutionally valid only for state-run and state-aided institutions, leaving reservations in private, unaided institutions to be decided through the proper legal process.

He further mentioned the IMA v. Union of India case, decided on May 12, 2011, by a 2-0 vote, where Article 15(5) was upheld for private, unaided, non-minority educational institutions.

Ramesh also referenced Pramati Educational and Cultural Trust v. Union of India on January 29, 2014, where, by a margin of 5-0, Article 15(5) was clearly upheld for the first time.

"This means that reservations for Scheduled Castes, Scheduled Tribes, and socially and educationally backward classes in private educational institutions are also constitutionally permissible," he added.