Question 23 of 42 · Constitutional Amendments
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The provision enabling the State to make special provisions, including reservation, for the socially and educationally backward classes in admission to educational institutions (including private unaided ones) was introduced by the:

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Answer: Option B — 93rd Amendment Act, 2005

Detailed Solution

The 93rd Constitutional Amendment Act, 2005, inserted Article 15(5) in the Constitution, which enables the State to make special provisions, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes, in matters relating to their admission to educational institutions, including private educational institutions, whether aided or unaided by the State, other than minority educational institutions.

Background:

In the T. M. A. Pai Foundation case (2002) and the P. A. Inamdar case (2005), the Supreme Court held that the State could not impose its reservation policy on private unaided educational institutions.

The 93rd Amendment was passed to overcome these judgments.

The Central Educational Institutions (Reservation in Admission) Act, 2006:

Under the new provision, Parliament passed this Act, which provided 27 percent reservation for the Other Backward Classes (OBCs) in central educational institutions, such as the IITs, IIMs, AIIMS and central universities, in addition to 15 percent for SCs and 7.5 percent for STs.

The Ashoka Kumar Thakur case (2008):

The Supreme Court upheld the 93rd Amendment and the 2006 Act, as far as state-aided institutions were concerned, but held that the "creamy layer" among the OBCs must be excluded from the benefit.

The Pramati Educational Trust case:

The Supreme Court later upheld the application of Article 15(5) to private unaided institutions as well.

Reservation for OBCs in jobs:

Reservation of 27 percent for OBCs in central government jobs was introduced in 1990, on the basis of the Mandal Commission report, and upheld in the Indra Sawhney case (1992).

Why not the other options?

  • ✗The 77th, 81st and 85th Amendments dealt with reservation in promotions and backlog vacancies in jobs, not with admissions to educational institutions.

Quick tip

Remember: 93rd Amendment (2005) = Article 15(5), reservation for SEBCs, SCs and STs in admission to educational institutions, including private unaided ones (except minority institutions).

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Constitutional Amendments — Preparation

This question tests your understanding of Constitutional Amendments, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.

This topic covers the procedure for amending the Constitution under Article 368 and the most important amendments, such as the 1st, 7th, 42nd, 44th, 52nd, 61st, 73rd, 74th, 86th, 101st and 103rd Amendments, along with the basic structure doctrine. Exams ask what a particular amendment did: the 61st lowered the voting age from 21 to 18, the 73rd and 74th gave constitutional status to panchayats and municipalities, the 86th made education a Fundamental Right, and the 101st introduced GST. The 42nd Amendment (1976) is often called the 'mini-Constitution' because of how much it changed. Practise the constitutional amendments questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.