Reservation in India

Reservation in India: The 93rd Constitutional Amendment Act provided reservation in admissions to private unaided educational institutions for students belonging to Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) in India in the year 2005. This 93rd Amendment Act of 2005 to the Indian constitution in Article(15) under clause(5) and Article(15) under clause(6), will enable the government to make provisions for reservations such as in the enrolment of educational institutions, which included either aided or unaided by the government. This Amendment Act helps backward communities mostly because the government can make special provisions to take admissions in non-aided educational institutions.

What is Reservation in India?

Reservation in India is possible through the Constitutional Amendment Act that provided reservation in admissions in private unaided educational institutions for students belonging to Scheduled Castes, Scheduled Tribes, and Other Backward Classes is the 93rd Constitutional Amendment Act, which was enacted in 2005. This amendment inserted Article 15(5) and Article 15(6) in the Indian Constitution to enable such reservations in private unaided educational institutions.

What is Article 15(5)?

Article 15(5) will include the admission to educational institutions, and for the development of any socially and educationally backward classes of people, or scheduled castes or scheduled tribes, with regard to their enrolment in educational institutions, It will enable the government to reserve seats for SCs, STs, and OBCs in private unaided educational institutions, excluding minority institutions, to ensure greater access to quality education.

Article 15(5) was mainly introduced for the development of weaker sections of society and no one should be discriminated against on the basis of their religion,race,caste,place of birth,gender.

What is Article 15(6)?

Article 15(6) extends the above clause(5) of Article15, this is extended to provide private unaided professional institutions, which includes all the medical and engineering colleges, which allows the government to reserve seats for all the Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) in these institutions.

This amendment was made to step toward promoting social justice and equal opportunities in education, ensuring all the students from all backward communities have an fair and equal chance to pursue their education in non aided private educational institutions.

Important Terms about Reservation in India

Reservation

The term Reservation means,which includes allocation of some percentage of seats or positions for specific individuals belongs to disadvantaged groups, such as SCs, STs, and OBCs, in educational institutions and government jobs.

Scheduled Castes (SCs)

The term Scheduled Castes(SCs) are often described as some disadvantaged communities in India, often referred to as “Dalits.” Those people are often subjected to social discrimination and face economic crices, exclusion for centuries.

Scheduled Tribes (STs)

The term Scheduled Tribes(ST’s) are always defined as indigenous communities in India, Those people are often living in remote villages and hilly areas, they are facing social and economic challenges.

Other Backward Classes (OBCs)

The term Other Backward Classes(OBCs) refers to the wide range of socially and educationally disadvantaged groups and those who do not belong to the SC or ST categories.

Private Unaided Educational Institutions

Private Unaided Educational Institutions are the educational institutions ,that are not operated or owned or not funded or aided by government.These educational institutions are managed and owned by private organizations.These do not recieve any funding which was provided by the government.

Examples on Reservation in India

• By using “93rd” Constitutional Amendment Act,in private non-aided medical colleges, a certain percentage of their seats can be reserved for SC, ST, and OBC candidates, so that they can ensure having proper higher education.
• By using “93rd” Constitutional Amendment Act,n private non-aided Engineering colleges,a certain percentage of seats for students from these backward communities will be allocated for them.
• By using “93rd” Constitutional Amendment Act,not only in colleges,a certain quota of seats in government jobs are reserved for these backward communities.

Conclusion – Reservation in India

The 93rd Constitutional Amendment Act of 2005 stands as a pivotal step towards fostering social justice and equal opportunities in education within India. Through the insertion of Article 15(5) and Article 15(6) into the Indian Constitution, the amendment empowers the government to enact reservations in private unaided educational institutions, ensuring access to quality education for the historically marginalized communities of Scheduled Castes, Scheduled Tribes, and Other Backward Classes. By extending these provisions to both general educational institutions and private unaided professional institutions, including medical and engineering colleges, the amendment aims to create a more inclusive and equitable educational landscape. This legislative initiative not only addresses historical discrimination but also contributes to the broader goal of promoting diversity and equal representation in educational spaces and government employment. As the 93rd Constitutional Amendment Act continues to shape affirmative action policies, it reflects a commitment to uplifting the socio-economically disadvantaged groups and reaffirms the nation’s dedication to the principles of justice, liberty, and equality.

FAQs on Reservation in India

1. What is meant by Reservation in India?

Reservation in India refers to the policy of setting aside a certain percentage of seats or positions for individuals belonging to historically disadvantaged and underrepresented groups, such as Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs).

2. What is the use of 93rd Constitutional Amendment Act?

93rd Constitutional Amendment Act provide reservation in admissions to private unaided educational institutions for students belonging to backward communities in India.

3. Who benifits most from 93rd Constitutional Amendment Act?

By 93rd Constitutional Amendment Act the people belonging to Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) benifits the most.

4. When was the 93rd Constitutional Amendment Act added to Constitution?

In the year 2005 parliment added the 93rd Constitutional Amendment Act to Constitution.

5. Does this reservation applicable only to educational institutions,and does it apply to government jobs ?

Under the 93rd Constitutional Amendment Act, these Reservation policies applicable to educational institutions and government jobs, with separate provisions in each.

6. Will minority educational institutions follow these reservation policies?

No,Minority educations institutions do not follow these ,because they are generally exempt from these policies to preserve their autonomy.