News : The Congress demanded that the proposed higher education regulator must ensure implementation of Article 15(5) on its twentieth anniversary.
About Article 15(5) of Indian Constitution
- Article 15 is part of the Fundamental Rights and aims to prevent discrimination while promoting equality and social justice.
- Sub-clauses of Article 15
- Article 15(1): It prohibits discrimination on religion, race, caste, sex, or place of birth.
- Article 15(2): It ensures equal access to public places maintained or funded by the State.
- Article 15(3): It allows the State to make special provisions for women and children.
- Article 15(4): It permits special provisions for socially and educationally backward classes, including SCs and STs.
- Article 15(5): It enables reservations for SCs, STs, and OBCs in educational institutions, including private institutions.
- Article 15(6): It provides 10% reservation for Economically Weaker Sections (EWS).
- Article 15(5) Enactment: Article 15(5) was inserted through the 93rd Constitutional Amendment Act, 2005.
- Scope: The provision authorises the government to mandate reservations for SC, ST, and OBC students in centrally funded and private higher educational institutions.
- Exclusion: Minority educational institutions are excluded from the application of Article 15(5).
- Landmark Case Law:
- Ashok Kumar Thakur v. Union of India (2008): The Supreme Court upheld the constitutional validity of the 93rd Amendment.
- Pramati Educational and Cultural Trust v. Union of India (2014): The Court upheld the validity of Article 15(5) and confirmed that reservations are permissible in private higher educational institutions.
- Significance: Article 15(5) reinforces the constitutional commitment to social justice by expanding access to higher education for disadvantaged communities.
