New Delhi [India], March 31 : Congress General Secretary Jairam Ramesh on Monday reiterated the party's demand for legislation to implement Article 15(5) of the Constitution of India in private educational institutions.
In the statement issued, Ramesh said that this article was introduced through the 93rd Amendment Act in 2005, which allows for special provisions to be made for the advancement of socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes in educational institutions, including private ones.
The statement issued by Jairam Ramesh, reads, "The Constitution (Ninety-third Amendment) Act, 2005 took effect from January 20, 2006. This amendment introduced Article 15(5) in the Constitution of India and reads as follows: 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."
https://x.com/Jairam_Ramesh/status/1906573398802669787
Reiterating the demands of bringing this legislation, the Congress General Secretary highlighted that the Supreme Court has validated Article 15(5) multiple times with landmark judgments in cases such as Ashoka Kumar Thakur v Union of India (2008), IMA v Union of India (2011), and Pramati Educational and Cultural Trust v Union of India (2014).
Ramesh stated that the Congress had made this commitment in its 2024 Lok Sabha election manifesto, "Nyay Patra" and this stance is also supported by the Parliamentary Standing Committee on Education, Women, Children, Youth, and Sports, which recommended new legislation to implement Article 15(5) in its 364th report.
The statement further reads, "For the past eleven years, therefore, Article 15(5) has stood validated by the Supreme Court. In its 2024 Lok Sabha election "Nyay Patra", the Indian National Congress 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 a new legislation to implement Article 15(5) as well. The Indian National Congress reiterates this demand."
Article 15 (5) allows the state to make special provision by law, for the advancement and development of socially and educationally backward classes or for SC/STs for their admission in educational institutions both government and private, whether they are aided or unaided, other than the minority educational institutions.