The Congress on Monday demanded that the BJP-led government at the Centre bring legislation to implement Article 15(5) of the Constitution of India in private educational institutions. The law, which provides reservations for Scheduled Castes, Scheduled Tribes, and backward classes, has been upheld by the Supreme Court.

Congress General Secretary in-charge of Communications Jairam Ramesh said Article 15(5) was introduced through the Constitution’s 93rd Amendment Act, 2005, and came into effect from January 20, 2006.

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He said the Article says, “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.”

Giving a chronology of legislation to implement Article 15 (5), the MP said the Central Educational Institutions (Reservations in Admission) Act, 2006, was passed in Parliament. Reservations 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.

Citing a few cases, Ramesh in a statement, said, “In the case of Ashoka Kumar Thakur v Union of India April 10, 2008, by 2-0 margin Article 15(5) is held Constitutionally valid only for state-run and state-aided institutions. Reservations in private unaided institutions left open to be decided in the appropriate course. In the case of IMA v Union of India May 12, 2011, by 2-0 margin, Article 15 (5) is upheld for private unaided non-minority educational institutions.”

In the case of Pramati Educational and Cultural Trust versus Union of India on January 29, 2014, he said by 5-0 margin Article 15(5) was upheld, which means reservations for Scheduled castes, Scheduled tribes and socially and educationally backward classes of citizens in private educational institutions is also constitutionally permissible.

The parliamentarian said for the past 11 years, Article 15(5) has stood validated by the Supreme Court.

Referring to the Congress’ 2024 Lok Sabha elections ‘Nyay Patra’, Ramesh said the party had committed itself to bringing legislation to implement Article 15(5) of the Constitution of India 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, Women, Children, Youth, and Sports also recommended new legislation to implement Article 15(5) as well. The Indian National Congress reiterates this demand,” he added.