93rd Constitutional Amendment Act, Objectives, Provisions

93rd Constitutional Amendment Act, 2005 was an important step taken by the Indian Parliament to promote social justice in education. The amendment empowered the State to make special provisions for socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes in matters of admission to educational institutions, including private institutions.

93rd Constitutional Amendment Act Background

The education sector in India underwent major changes after the 1990s. Economic liberalization encouraged private investment in higher education. As a result, the number of private professional colleges increased significantly. However, this growth also created concerns about unequal access to quality education. Admission to many private institutions was primarily based on competitive merit, which indirectly disadvantaged students from socially and educationally backward communities.

Students from weaker sections often faced challenges such as lack of access to quality schooling, coaching facilities, and educational resources. Consequently, their representation in professional courses remained relatively low. To address these concerns and promote inclusive access to higher education, the 93rd Constitutional Amendment Act, 2005 was introduced.

93rd Constitutional Amendment Act Objectives 

The main objective of the 93rd Constitutional Amendment Act was: 

• To promote inclusive education and ensure greater social equality.
• To expand the scope of reservation policy in higher education.
• To address the impact of privatization in education. 

The amendment was also aligned with the Directive Principles of State Policy, especially Article 46, which directs the State to promote the educational and economic interests of weaker sections of society.

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93rd Constitutional Amendment Act Provisions 

The most important provision introduced by the 93rd Constitutional Amendment Act was the addition of clause (5) in Article 15 of the Constitution. 

Article 15(5) gives the State the power to make special laws for the advancement of socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes. This provision mainly deals with admission to educational institutions.

The important features of 93rd Constitutional Amendment Act are:

• It applies to a wide range of educational institutions including private universities, professional colleges, technical institutes, and other higher education institutions.
• Both government-aided and private unaided institutions are covered.
• Educational institutions established by religious and linguistic minorities under Article 30 are exempted from reservation requirements. This was done to protect the constitutional rights of minorities to preserve and administer their educational institutions.
• Reservation or special provisions must be made through proper legislation. This means that the State cannot implement such policies arbitrarily through executive orders and must follow the law-making process.
• This provision also limits Article 19(1)(g), which guarantees the right to carry on any profession or business, to the extent necessary for implementing reservation policy.
• The amendment mainly focuses on admission processes in educational institutions. It does not give unlimited control to the government over the internal administration of private institutions but allows reasonable intervention to promote social justice.

93rd Constitutional Amendment Act Judicial Validity

The constitutional validity of the 93rd Constitutional Amendment Act was challenged before the Supreme Court. In the case of Ashoka Kumar Thakur v. Union of India, the Supreme Court upheld the validity of the amendment and held that it does not violate the basic structure of the Constitution.

The Court observed that the amendment promotes the constitutional value of equality by enabling affirmative action for socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes. It further stated that reservation policies are justified in the Indian context because many communities have historically faced social and educational discrimination.

The judgment also highlighted the concept of substantive equality, explaining that equality does not simply mean treating everyone in the same manner. Instead, true equality sometimes requires providing additional support and opportunities to historically disadvantaged groups to reduce existing social inequalities and create a more level playing field.