The debate over caste-based reservations in private educational institutions has resurfaced, with the Congress party demanding the implementation of reservations for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) in private colleges and universities. Congress leader Jairam Ramesh has voiced support for a parliamentary committee recommendation that seeks to extend constitutional provisions under Article 15(5) to private institutions.
On behalf of the #Congress, general secy #JairamRamesh demands that the Govt of India bring in #legislation for #SC, #ST, #OBC quotas in private, non-minority educational institutions in the countryhttps://t.co/zDguW3pTB2
— National Herald (@NH_India) March 31, 2025
Historical Context of Reservation in Private Colleges
The issue of reservations in private educational institutions is not new. In 2006, during the United Progressive Alliance (UPA-1) government, the 93rd Constitutional Amendment was introduced, adding Article 15(5) to the Constitution. This provision allowed reservations for SC, ST, and OBC students in government and government-aided educational institutions but did not extend the mandate to private institutions.
At the time, the UPA government passed the Central Educational Institutions (Reservation in Admission) Act, 2006, ensuring that caste-based reservations applied to public institutions. However, private colleges remained outside the purview of the law, despite the Supreme Court’s 2008 verdict, which upheld the amendment and suggested that reservations in private unaided institutions could be considered separately.
Congress Revives the Demand for Reservation
Now, nearly two decades later, Congress is once again pushing for caste-based quotas in private institutions. The demand has gained momentum following the recommendations of a parliamentary committee led by Congress MP Digvijaya Singh. The committee has suggested that SC, ST, and OBC students be given reservations in private educational institutions as part of their fundamental right to equal educational opportunities.
Jairam Ramesh, in a recent statement, emphasized that the Supreme Court’s past ruling does not prevent the government from implementing reservations in private institutions. Congress had also included this promise in its 2024 Lok Sabha election manifesto, and with the parliamentary committee’s recommendation, the party has renewed its push for legislative action on this front.
Challenges in Implementing Reservation in Private Colleges
While the demand for reservations in private colleges is gaining traction, legal and administrative challenges remain:
- Private Institution Autonomy: The 2002 Supreme Court ruling recognized the right of private educational institutions to establish their admission criteria. This makes it legally complex to enforce reservation policies without a new law explicitly mandating it.
- Need for Additional Legislation: Experts argue that Article 15(5) alone is not sufficient to enforce reservations in private colleges. A separate legal framework would be required to ensure compliance without violating institutional autonomy.
- Opposition from Private Institutions: Many private universities and colleges oppose reservation policies, citing concerns over academic standards, financial sustainability, and reduced autonomy in admission decisions.
- Lack of Government Response: While Congress has taken a strong stance on this issue, the central government has not yet responded to the renewed demand. The Bharatiya Janata Party (BJP)-led government has remained non-committal on whether it would consider extending reservations to private institutions.
Why Reservation in Private Colleges Matters
With the rise of elite private universities in India, access to quality education remains unequal for marginalized communities. Government colleges have limited seats, and many students from SC, ST, and OBC backgrounds struggle to secure admission due to high competition. Providing reservations in private colleges could help bridge this educational gap and ensure greater social inclusion.
Experts argue that as private institutions expand their influence in India’s higher education landscape, ensuring equitable access for disadvantaged communities becomes even more critical. Many countries have policies ensuring affirmative action in private education, and India could follow a similar path to improve diversity and representation.
The Road Ahead
Congress’s demand for reservations in private colleges is likely to spark a broader political and legal debate. While the parliamentary committee’s recommendation adds weight to the argument, actual implementation will require new legislation, legal clarity, and political consensus. The ball is now in the central government’s court, as stakeholders await a response on whether it will take steps to make private institutions more inclusive.
If implemented, this move could transform higher education accessibility in India, ensuring that students from marginalized communities have better opportunities in private institutions, just as they do in government colleges.
