Congress urges strict enforcement of Article 15(5) in higher education, stresses social justice

The Congress on Tuesday called for any regulator established under theViksit Bharat Shiksha Adhishthan Bill, 2025to be mandated to oversee the implementation ofArticle 15(5) of the Constitution. This provision allows the government to enforcereservations for SC, ST, and OBC students in private higher education institutions.

Introduced in the Lok Sabha on December 15, 2025, the bill aims to create asingle regulator for higher education in Indiaand was subsequently referred to a Joint Parliamentary Committee.

Congress general secretary Jairam Ramesh highlighted thatArticle 15(5)was added through the93rd Constitutional Amendmentby the Manmohan Singh government, marking its 20th anniversary. The amendment enabled a27% reservation for OBC students in centrally-funded higher education institutions, including IITs, IIMs, central universities, and NITs.

Ramesh emphasized that the provision also empowers the government to mandatereservations in private colleges and universities. While the Supreme Court upheld the validity of Article 15(5) in thePramati Educational and Cultural Trust vs Union of India (2014)case, there is currently no legislation enforcing it in private institutions.

The Parliamentary Standing Committee on Education, in an August 2025 report, noted thatSC, ST, and OBC representation in private higher education remains lowand urged Parliament to pass a law ensuring compliance.

On the amendment’s 20th anniversary, Congress reiterated its commitment tosocial justice and equitable access to higher education, urging the government to fully implementreservations under Article 15(5)across all institutions.