93rd Constitutional Amendment Act, 2005
93rd Constitutional Amendment Act, 2005
Background
The 93rd Constitutional Amendment was enacted to promote educational and economic empowerment of socially and educationally backward classes by enabling the State to provide reservations in private unaided educational institutions.
Before this amendment, reservations in educational institutions were largely confined to government-funded or government-aided institutions, but private unaided institutions could not be mandated to provide reservations.
Objective
To enable the State to make special provisions for backward classes of citizens in relation to admission to educational institutions, including private unaided institutions (except minority institutions).
The aim was to promote social justice and equality of opportunity in education.
This amendment came against the backdrop of the Supreme Court’s decision in the T.M.A. Pai Foundation case (2002) which recognized the autonomy of private unaided educational institutions but limited the scope of State-mandated reservations.
Constitutional Changes Made
Insertion of Article 15(5):
“Nothing in this article or in clause (2) of Article 29 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for Scheduled Castes and Scheduled Tribes, in relation 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.”
This gave explicit power to the State to make laws providing reservations in private unaided educational institutions except minority institutions.
Key Features
Scope:
Applies to both private aided and private unaided educational institutions.
Exclusion:
Minority educational institutions (under Article 30) are exempt from this reservation mandate.
Purpose:
Facilitate inclusive access to education for socially and educationally backward classes (SEBCs), Scheduled Castes (SC), and Scheduled Tribes (ST).
Legislative Power:
Empowers both the Union and State legislatures to enact laws for providing reservations in admissions.
Important Case Law
1. T.M.A. Pai Foundation v. State of Karnataka (2002)
Before the 93rd Amendment, the Supreme Court recognized the autonomy of private unaided educational institutions.
The Court held that the State cannot impose reservations on private unaided institutions as it would violate their right to establish and administer educational institutions under Article 19(1)(g).
However, the Court allowed the State to regulate admission procedures for merit and fair access but disallowed mandatory reservations.
2. Ashoka Kumar Thakur v. Union of India (2008)
The Supreme Court upheld the constitutional validity of the 93rd Amendment.
The Court held that the amendment is a valid exercise of the State's power to promote educational rights of backward classes.
It clarified that private unaided institutions are not completely free from State regulation regarding reservations.
However, the Court emphasized the balancing of rights: the autonomy of private institutions versus the social justice mandate.
It also upheld the 27% OBC reservation in central educational institutions as constitutional under this amendment.
3. Modern Dental College & Research Centre v. State of Madhya Pradesh (2016)
The Supreme Court recognized that the 93rd Amendment allows reservations in private unaided professional colleges.
However, it also reiterated that the right of private institutions to administer cannot be completely abrogated.
States must enact laws balancing these rights.
Significance
The 93rd Amendment marked a major shift in reservation policy by extending the scope to include private unaided educational institutions.
It provided a constitutional basis for laws such as the Central Educational Institutions (Reservation in Admission) Act, 2006, which mandates 27% reservation for OBCs in central government-funded educational institutions.
It balances the right to equality and social justice with the autonomy of private educational institutions.
Summary Table
| Aspect | Before 93rd Amendment | After 93rd Amendment |
|---|---|---|
| Scope of reservation | Only government or government-aided institutions | Includes private unaided institutions (except minority) |
| Basis for State intervention | Limited by institutional autonomy | Explicit constitutional backing for reservations |
| Judicial stance | Protected private autonomy (TMA Pai case) | Allowed State to provide reservations (Ashoka Kumar case) |
| Minority institutions | Reservations could be regulated | Exempted from reservation mandate |
Conclusion
The 93rd Constitutional Amendment Act, 2005 empowered the State to enact laws providing reservations for socially and educationally backward classes in private unaided educational institutions (except minority institutions). It was a significant constitutional development supporting affirmative action in education, balanced by judicial recognition of private institutions’ autonomy.
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