New Delhi [India], March 31: Congress General Secretary Jairam Ramesh has reiterated the party’s demand for legislation to enforce Article 15(5) of the Indian Constitution in private educational institutions.
In a statement issued on Monday, Ramesh highlighted that Article 15(5) was introduced through the 93rd Amendment Act in 2005 to enable special provisions for the socially and educationally backward classes (SEBCs), Scheduled Castes (SCs), and Scheduled Tribes (STs) in both government and private educational institutions.
🔹 What is Article 15(5)?
This provision allows the state to implement affirmative action policies in private institutions, whether aided or unaided, except minority educational institutions under Article 30(1).
Supreme Court Validation & Congress’ Stand
Jairam Ramesh pointed out that multiple Supreme Court rulings have upheld the constitutional validity of Article 15(5) in landmark cases:
✅ Ashoka Kumar Thakur v. Union of India (2008)
✅ IMA v. Union of India (2011)
✅ Pramati Educational & Cultural Trust v. Union of India (2014)
Congress has included this commitment in its 2024 Lok Sabha election manifesto, “Nyay Patra”, promising to bring legislation to implement Article 15(5) in private educational institutions.
Additionally, the Parliamentary Standing Committee on Education, Women, Children, Youth, and Sports, in its 364th report, also recommended enacting a new legislation to ensure Article 15(5) implementation.
Congress’ Call to Action
🔹 Ramesh emphasized that despite 11 years of judicial validation, no concrete steps have been taken to operationalize Article 15(5) in private institutions.
🔹 He reaffirmed the Indian National Congress’ demand for immediate legislative action to ensure access to education for SEBCs, SCs, and STs.
The party’s push for this legislation signals a renewed debate over affirmative action policies in private education ahead of the 2024 general elections.