Cong seeks law for SC, ST quota in pvt, non-minority institutions

On the eve of Bihar elections later this year, the Congress on Monday opened a new front by demanding a legislation to implement reservation for marginalised sections in private unaided and non-minority educational institutions.

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Leading the demand, Congress general secretary (communications) Jairam Ramesh said a law to implement Article 15 (5) of the Constitution should be brought in by the government.

When the Constitution’s 93rd Amendment Act-2005 took effect from January 20, 2006, the Amendment introduced Article 15 (5) in the Constitution, which reads: “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 class of citizens or for the scheduled castes or the scheduled tribes in so far as special provisions relate to their admissions 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 of the Constitution.”

Jairam said for the past 11 years, Article 15 (5) had stood validated by the Supreme Court. In the 2024 Lok Sabha elections, the Congress, he said, had committed itself to bringing a legislation to implement Article 15 (5) of the Constitution in private educational institutions.

“In its 364th report on the Demand for Grants for the Department of Higher Education, the Parliamentary Standing Committee on Education also recommended a new legislation to implement Article 15 (5) as well. The Congress reiterates this demand,” said Jairam ahead of the government’s plan to put up the controversial Waqf Amendment Bill-2024 for passage in the Lok Sabha.

Reservation for scheduled castes, scheduled tribes and socially and educationally backward classes of citizens in central educational institutions were introduced with effect from January 3, 2007.

Later, in the Ashok Kumar Thakur vs Union of India case on April 10, 2008, Article 15 (5) was held constitutionally valid only for state-run and state-aided institutions, by a 2-0 margin. Reservations in private unaided institutions were left open to be decided in the appropriate course.

Again by a 2-0 margin, Article 15 (5) was upheld for private, unaided, non-minority education institutions in the IMA versus Union of India case, on May 12, 2011,

For the first time, Article 15 (5) was explicitly upheld as it is in the Pramati Educational and Cultural Trust versus Union of India, on January 29, 2014, by 5-0 margin.

“This means reservation for scheduled castes, scheduled tribes and socially and educationally backward classes of citizens in private educational institution is also constitutionally permissible,” the Congress said, seeking to reopen the quota debate.