Congress seeks law for reservation in private institutions, Pg 13

Key Highlights

Demand for Reservation in Private Educational Institutions

• Congress urges the Centre to legislate reservation for SCs, STs, and OBCs in private, non-minority educational institutions.

• The demand is based on Article 15(5) of the Constitution, introduced via the 93rd Constitutional Amendment (2005), effective from January 20, 2006.

Constitutional Provision: Article 15(5)

• Enables the State to provide special provisions for educational advancement of SEBCs, SCs, and STs in private unaided institutions, excluding minority institutions under Article 30(1).

• Applicable to both public and private institutions, whether aided or unaided by the State.

Parliamentary Panel Recommendation

• The 364th Report of the Parliamentary Standing Committee on Education, Women, Youth, and Sports recommended enacting a law for implementation of Article 15(5) in private institutions.

• The demand is aligned with Congresss Lok Sabha manifesto commitment.

Analysis & Way Forward

• Implementing Article 15(5) in private institutions could ensure greater inclusivity and representation in higher education.

• Key challenges include balancing institutional autonomy with social equity and addressing resistance from private sector stakeholders.

Mains Mock Question:

"Discuss the constitutional and ethical dimensions of extending reservation policies to private, non-minority educational institutions in India. Should Article 15(5) be legislatively enforced?"