On Monday, the Congress urged the government to introduce a law ensuring reservation for SC, ST, and OBC students in private, non-minority educational institutions nationwide. Congress leader Jairam Ramesh highlighted that the Parliamentary Standing Committee on Education, Women, Children, Youth, and Sports had recommended new legislation to enforce Article 15(5).

According to Article 15(5), the government can create laws that provide special benefits to socially and educationally disadvantaged groups, including Scheduled Castes and Tribes. This includes setting aside spots for these groups in public and private educational institutions, except those run by minorities. Jairam Ramesh stated that during the last Lok Sabha elections, Congress promised to introduce legislation to enforce Article 15(5) 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 stated.

The Constitution (Ninety-third Amendment) Act, 2005, came into force on January 20, 2006, introducing Article 15(5) into 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 says.

Jairam Ramesh outlined the timeline of laws enacted to implement Article 15(5), mentioning that the Central Educational Institutions (Reservations in Admission) Act, 2006 was passed in Parliament. As a result, reservations for Scheduled Castes, Scheduled Tribes, and socially and educationally backward classes in central educational institutions came into effect on January 3, 2007.

Referring to the Supreme Court case Ashoka Kumar Thakur vs Union of India on April 10, 2008, he noted that by a 2-0 verdict, Article 15(5) was upheld as constitutionally valid but only for state-run and state-aided institutions. Implementing reservations in private, unaided institutions was left undecided for future consideration.

In the IMA vs. Union of India case on May 12, 2011, he stated that Article 15(5) was upheld for private, unaided, non-minority educational institutions by a 2-0 verdict.

Ramesh mentioned another case: "Pramati Educational and Cultural Trust versus Union of India Jan 29, 2014. By a 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 are also constitutionally permissible," he further said.