93rd Constitutional Amendment Act

The 93rd Amendment Act, which was passed in 2005, is the Constitutional Amendment Act that allowed reservation in admissions for students belonging to scheduled castes/tribes and other backward classes in India. As a result of this law, Article 15 of the Indian Constitution includes Clause (5), which offers the State the power to make special provisions for the advancement of any socially and educationally underprivileged classes of citizens, as well as for the Scheduled Castes and Scheduled Tribes, with regards to admissions to educational institutions, including private unaided institutions.

The Indian Constitution as well as other laws and regulations primarily govern the allocation of reservations in admissions for students of scheduled castes/tribes and other backward classes (OBCs) in educational institutions. According to Article 15(4) of the Indian Constitution, socially and educationally underprivileged sections, such as Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward sections (OBCs), may reserve seats in government and private educational institutions. This clause provides the state the power to implement affirmative action with the goal of ensuring the admission and development of disadvantaged groups.

Introduction to 93rd Amendment Act

Students from Scheduled Castes, Scheduled Tribes or OBCs, are given priority in admissions according to the 93rd Constitutional Amendment Act. Clause (5) of Article 15 of the Indian Constitution, which was added by the 93rd Amendment Act, states that the states may make special provisions for the advancement of any socially and educationally underprivileged classes of citizens, with regards to admissions to educational institutions. The modification gave the government the authority to pass law that ensured SC, ST and OBC reservation in private institutions.

Objectives of 93rd Amendment Act

• Reservation in Central Educational Institutions: This law made it possible for students representing Scheduled Castes, Scheduled Tribes and OBCs to have seats allocated in central educational institutions.

• Expansion of Reservation Quotas: It enhanced the reservation quotas for SCs and STs in central educational institutions from the prior 22.5% to 27%, involving both SCs and STs. Also, it established a special 27% OBC reservation in government educational institutions.

• Implementation by Legislation or Executive Orders: This Act granted the government the power to pass legislation or issue executive orders to implement reservation policies at central educational institutions.

• Removal of Cap on Reservation: The prior cap of 50% on reservations in educational institutions was abolished. This gave the government authority to give SCs, STs, and OBCs reservation advantages in addition of the 50% cap.

They are many people involved to advocate the rights and empowerment of these marginalized communities. Some of them are- B.R. Ambedkar, Kanshi Ram, Mayawati and many more.

What Article 15 states?

Discrimination on a number of grounds, such as ethnicity, race, caste, sex, or place of birth, is forbidden by Article 15 of the Indian Constitution. It ensures the right to equality and prohibits state discrimination.

Here is a brief explanation of the clauses within Article 15:

• Article 15(1): This clause states that it forbids the any state from discriminating any person differently on the basis of their race, caste, gender, place of birth or any other combination of these traits.

• Article 15(2): This section provides the State the right to create particular programmes for the advancement of socially and educationally deprived sections of citizens, including for the SCs and STs. Reservations at educational institutions, particularly private, unaided institutions, may be one of these provisions.

• Article 15(3): According to this article, the State can provide special concessions for women and children. It provides the State the ability to pass laws or carry out measures which promote gender equality and protect women and children from inequality in society.

• Article 15(4): This provision permits the State to put reserve slots in educational institutions for people of the SC, ST, and socially and educationally underprivileged classes. It allows the State to carry out initiatives to make sure that marginalized groups are represented and promoted.

Criticism on 93rd Amendment Act

• One of the main objections is that reservations may hinder admissions based on merit. Critics argue that admission decisions should be made exclusively on the basis of a candidate’s academic record and not on the basis of their social or caste background.

• The term “creamy layer” describes those SC and ST community members who are monetarily better off and who continue to benefit from reservations while those who are truly deprived do not. To ensure that reservations reach those who need them the most, some suggest that the creamy layer should be denied reservation benefits.

• According to reviewers, institutions would have to lower their standards of learning in order to accept students from the reserved category, which would reduce the standard of education as a whole.

• Opponents argue that in order to assure these area’s success in education, the government should also concentrate on enhancing infrastructure and offering sufficient support to them.

• Reservations, according to some critics, could strengthen prejudices and stigmatize SC and ST children by implying that they require special consideration in order to thrive academically.

93rd Amendment Act- FAQs

1. What is covered by the 93rd Constitutional Amendment Act?

Clause (5) was added to Article 15 of the Indian Constitution by the 93rd Amendment Act. In terms of admissions to educational institutions, including private unaided institutions, it provides the State the authority to create particular rules for the progress of SCs, STs, and OBCs.

2. Does the 93rd Amendment Act cover all privately-owned institutes of higher learning?

The 93rd Amendment Act gives the State permission to set up reservation policies in private, non-public educational institutions. However, the implementation of reservation policies in private entities that are without assistance may differ between states and be controlled by state laws or executive orders.

3. In accordance with the 93rd Amendment Act, are there any limitations on the reservation in private institutions of higher education?

In accordance with state laws or regulations, the precise scope and application of reservation in private, non-public educational institutions may be subject to various limitations or demands. States may have different reservation quotas, requirements for eligibility, and other details.

4. Can SC, ST, and OBC students in private institutions be denied the benefits of reservations?

No, if there is a reservation provision in the state legislation or executive orders, private unaided educational institutions cannot refuse reservation advantages to SCs, STs, and OBCs. Private unaided institutions must usually comply with the government’s reservation regulations, while state-specific limitations could vary.