Question

Which of the following Constitutional Amendments have added Article 15(5) in the Constitution of India providing for reservation in educational institutions in the Private sector also?
A)81st Amendment
B)86th Amendment
C)91st Amendment
D)93rd Amendment

Answer 1

Hint: A Constitutional Amendment refers to a modification of the constitution of a polity, an organization or an entity. Amendments are often interwoven with new and advanced laws into the relevant sections of an existing constitution.

Complete answer:
The Constitution of India has borrowed the feature of Amendment from the constitution of South Africa. In India during the year 2006, under the 93rd Constitutional Amendment, clause (5) under Article 15 was added.

Article 15 (5) states that nothing shall discourage the state from making any special provision by law, for the advancement and development of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in regard to their admission in educational institutions not in in the government but also in the private educational institutions, whether they are aided or unaided by the state, other than the minority educational institutions.

In order to promote the educational advancement of the socially and educationally backward classes of citizens such as the Other Backward Classes, the Scheduled Castes or of the Scheduled Tribes in regard to admission of students belonging to these categories, this article enables the Parliament as well as the State legislatures to make appropriate laws for the above mentioned purposes.

Hence, the correct answer is option (D)

Note: As per the 93rd Constitutional Amendment Act, the government is required to take appropriate steps for the children belonging to SCs, STs, OBCs ,etc. So that they get equal educational opportunity irrespective of their social and economic background.According to the Supreme court, this amendment is not an 'ultra-vire'. It is a significant step for advancement and upliftment of the socially backward section of the country.