Cong seeks law for SC, ST quota in private, non-minority educational institutions
New Delhi (PTI): The Congress on Monday demanded that the government bring in a legislation for SC, ST and OBC quota in private, non-minority educational institutions in the country.
In a statement, Congress general secretary, communications, Jairam Ramesh noted that the Parliamentary Standing Committee on Education, Women, Children, Youth, and Sports had recommended a new legislation to implement Article 15(5).
Article 15(5) allows the state to make special provisions by law for the advancement of socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes, including reservation in educational institutions, both public and private, except for minority educational institutions.
Ramesh said the Congress had during the last Lok Sabha polls committed itself to bringing legislation to implement Article 15(5) of the Constitution in private educational institutions.
"In its 364th Report on the Demand for Grants for the Department of Higher Education, the Parliamentary Standing Committee on Education, Women, Children, Youth, and Sports also recommended a new legislation to implement Article 15(5) as well. The Indian National Congress reiterates this demand," Ramesh said.
The Constitution (Ninety-third Amendment) Act, 2005 took effect from January 20, 2006 and this amendment introduced Article 15(5) in the Constitution.
"Nothing in this article or sub-clause (g) of clause (1) of Article 19 shall prevent any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes insofar as such special provisions relate to their admission to educational institutions, including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of Article 30," it reads.
Explaining the chronology of legislation to implement Article 15 (5), Ramesh said the Central Educational Institutions (Reservations in Admission) Act, 2006 was passed in Parliament and reservations for scheduled castes, scheduled tribes and socially and educationally backward classes of citizens in central educational institutions introduced with effect from January 3, 2007.
Citing the case of Ashoka Kumar Thakur versus Union of India on April 10, 2008, he said by a 2-0 margin Article 15(5) is held Constitutionally valid only for state-run and state-aided institutions and reservations in private unaided institutions left open to be decided in the appropriate course.
In the IMA versus Union of India May 12, 2011, he said, by 2-0 margin, Article 15 (5) is upheld for private unaided non-minority educational institutions.
Citing another case, Ramesh said, "Pramati Educational and Cultural Trust versus Union of India Jan 29, 2014. By 5-0 margin Article 15(5) is, for the first time, upheld as it is explicitly.
"This means reservations for scheduled castes, scheduled tribes and socially and educationally backward classes of citizens in private educational institutions is also constitutionally permissible," he added.
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Parliament passes Waqf (Amendment) Bill, 2025
New Delhi (PTI): Parliament early Friday passed the contentious Waqf (Amendment) Bill, 2025, after it was approved by the Rajya Sabha.
The Lok Sabha had on Thursday approved the Bill after over a 12-hour debate.
In Rajya Sabha, the Bill got 128 votes in its favour and 95 against after all the amendments moved by the opposition were rejected.
In the lower house, the bill was supported by 288 MPs while 232 voted against it.
Participating in a debate in the Rajya Sabha, Minority Affairs Minister Kiren Rijiju said the Bill was brought with a number of amendments based on suggestions given by various stakeholders.
"The Waqf Board is a statutory body. All government bodies should be secular," the minister said, explaining the inclusion of non-Muslims on the board.
He, however, said the number of non-Muslims has been restricted to only four out of 22.
Rijiju also alleged that the Congress and other opposition parties, and not the BJP, were trying to scare Muslims with the Waqf Bill.
"You (opposition) are pushing Muslims out of the mainstream," he added.
He said for 60 years, the Congress and others ruled the country, but did not do much for Muslims and the community continues to live in poverty.
"Muslims are poor, who is responsible? You (Congress) are. Modi is now leading the government to uplift them," the minister said.
According to the Waqf (Amendment) Bill, Waqf tribunals will be strengthened, a structured selection process will be maintained, and a tenure will be fixed to ensure efficient dispute resolution.
As per the Bill, while Waqf institutions' mandatory contribution to Waqf boards is reduced from 7 per cent to 5 per cent, Waqf institutions earning over Rs 1 lakh will undergo audits by state-sponsored auditors.
A centralised portal will automate Waqf property management, improving efficiency and transparency.
The Bill proposes that practising Muslims (for at least five years) can dedicate their property to the Waqf, restoring pre-2013 rules.
It stipulates that women must receive their inheritance before the Waqf declaration, with special provisions for widows, divorced women and orphans.
The Bill proposes that an officer above the rank of collector investigate government properties claimed as Waqf.
It also proposes that non-Muslim members be included in the central and state Waqf boards for inclusivity.
