A 31-member bipartisan Parliamentary Standing Committee on Education, chaired by Shri Digvijaya Singh, has issued a strong recommendation urging the Government of India to pass legislation enforcing Article 15(5) of the Constitution, which allows reservations for SC, ST, and OBC students in private higher educational institutions (HEIs).
Low Representation of SC, ST, and OBC in Private Institutions
Article 15(5), introduced via the 93rd Constitutional Amendment in 2005 during Dr. Manmohan Singh’s tenure, enables the State to provide special provisions for socially and educationally backward classes, including reservations in private educational institutions (except minority institutions). This amendment formed the legal foundation for the 27% OBC reservation in centrally funded institutions starting 2006. Though the Supreme Court upheld the constitutionality of Article 15(5) for private unaided institutions in the landmark 2014 judgment (Pramati Educational and Cultural Trust v Union of India), Parliament has yet to enact a law to operationalize these provisions in private universities.
Supreme Court Verdicts Validate Article 15(5)
The report highlights the abysmally low inclusion of marginalized communities in the booming private higher education sector — a sector that has expanded considerably under the Modi Government’s National Education Policy (NEP) 2020, which promotes privatization. The Indian National Congress, through its 2024 Lok Sabha election manifesto “Nyay Patra,” pledged to legislate to implement Article 15(5) reservations in private educational institutions. The party has renewed its demand, urging the Modi Government to heed the Committee’s recommendation in the upcoming Winter Session of Parliament. With the growing privatization of higher education and glaring disparities in access for SC, ST, and OBC students, the Parliamentary Committee’s report signals an urgent call to action. Implementing Article 15(5) reservations in private HEIs is no longer optional but essential to uphold constitutional equity and social justice.
