The Crossbill News Desk
The Congress on Monday (May 5) renewed its call for the implementation of reservations in private educational institutions under Article 15(5) of the Constitution, the removal of the 50% cap on reservations, and a clear timeline for the rollout of the caste census.
Speaking at a press conference in the national capital, Anil Jaihind, chairperson of the Congress' OBC department, accused the BJP-led Union government of stalling the implementation of Article 15(5) for the past 11 years.
He pointed out that despite Prime Minister Narendra Modi’s frequent assertions of being an OBC leader, his government has failed to enact legislation that would operationalise this constitutional provision.
Jaihind recalled that the 93rd Constitutional Amendment, passed during the UPA government under Prime Minister Manmohan Singh and spearheaded by then Education Minister Arjun Singh, had introduced Article 15(5).
The amendment enabled reservation for Scheduled Castes, Scheduled Tribes, and socially and educationally backward classes in private unaided educational institutions.
While the provision was enforced in central institutions like Delhi University, IITs, and IIMs, its extension to private institutions faced legal challenges. Jaihind noted that the legal hurdles were resolved in 2014, paving the way for legislative action that the Modi government has since failed to undertake.
“This constitutional right has existed for 11 years now, but due to the government's inaction, nearly 100 crore individuals from SC, ST, and OBC communities are being denied access to reservations in private educational institutions,” Jaihind said.
“Modi may call himself an OBC, but his government has kept this provision locked away.”
Echoing this sentiment, Congress general secretary in charge of media and communications, Jairam Ramesh, provided historical context to India’s reservation framework.
In a statement, Ramesh referred to Article 15(4), which was introduced following the landmark 1951 Supreme Court ruling in the State of Madras vs Champakam Dorairajan case that struck down caste-based reservations.
“Article 15(4) had become necessary since on April 9, 1951, the Supreme Court had struck down reservations in the famous State of Madras vs Smt. Champakam Dorairajan case,” he wrote on X.
He highlighted how this led to the First Constitutional Amendment under the leadership of Prime Minister Jawaharlal Nehru, with contributions from B.R. Ambedkar and even dissent from Syama Prasad Mookerjee.
“The First Amendment had also introduced the Ninth Schedule to protect land reform laws from judicial review. This had become necessary since the Courts were striking down zamindari abolition laws. All this history is now forgotten. The Select Committee on the Bill had been chaired by none other than the-then PM himself and had included C. Rajagopalachari and Dr. Ambedkar. It also had Dr. Syama Prasad Mookerjee as a member but he submitted a dissent note,” Ramesh added.
At the same press conference, Rajesh Lilothia, chairperson of the Congress’ SC department, and Vikrant Bhuria, head of the party's Adivasi department, joined Jaihind in pushing for the abolition of the 50% cap on reservations.
Lilothia argued that the cap has become a major hurdle to achieving true social justice and pointed to the Modi government's introduction of 10% reservation for Economically Weaker Sections (EWS) as proof that the cap can be breached.
“The Supreme Court has upheld the EWS quota, proving that the 50% ceiling is not sacrosanct. We will ensure that this limit is removed, just as Rahul Gandhi and the Congress compelled the government to agree to a caste census,” Lilothia said.
He also urged the government to provide a detailed timeline and format for the caste census, asserting that transparency and public discussion are essential for the exercise to be meaningful.
The Congress' renewed push on these issues comes in the wake of growing political debate around caste-based data and affirmative action, with the party positioning itself as a champion of social justice and equity.
Speaking at a press conference in the national capital, Anil Jaihind, chairperson of the Congress' OBC department, accused the BJP-led Union government of stalling the implementation of Article 15(5) for the past 11 years.
He pointed out that despite Prime Minister Narendra Modi’s frequent assertions of being an OBC leader, his government has failed to enact legislation that would operationalise this constitutional provision.
Jaihind recalled that the 93rd Constitutional Amendment, passed during the UPA government under Prime Minister Manmohan Singh and spearheaded by then Education Minister Arjun Singh, had introduced Article 15(5).
The amendment enabled reservation for Scheduled Castes, Scheduled Tribes, and socially and educationally backward classes in private unaided educational institutions.
While the provision was enforced in central institutions like Delhi University, IITs, and IIMs, its extension to private institutions faced legal challenges. Jaihind noted that the legal hurdles were resolved in 2014, paving the way for legislative action that the Modi government has since failed to undertake.
“This constitutional right has existed for 11 years now, but due to the government's inaction, nearly 100 crore individuals from SC, ST, and OBC communities are being denied access to reservations in private educational institutions,” Jaihind said.
“Modi may call himself an OBC, but his government has kept this provision locked away.”
Echoing this sentiment, Congress general secretary in charge of media and communications, Jairam Ramesh, provided historical context to India’s reservation framework.
In a statement, Ramesh referred to Article 15(4), which was introduced following the landmark 1951 Supreme Court ruling in the State of Madras vs Champakam Dorairajan case that struck down caste-based reservations.
“Article 15(4) had become necessary since on April 9, 1951, the Supreme Court had struck down reservations in the famous State of Madras vs Smt. Champakam Dorairajan case,” he wrote on X.
Article 15(4) was introduced into the Constitution of India through the Constitution (First Amendment) Act, 1951 which came into effect from June 18, 1951. This Article gives the State the Constitutional powers for "making special provisions for the advancement of any socially…
— Jairam Ramesh (@Jairam_Ramesh) May 5, 2025
He highlighted how this led to the First Constitutional Amendment under the leadership of Prime Minister Jawaharlal Nehru, with contributions from B.R. Ambedkar and even dissent from Syama Prasad Mookerjee.
“The First Amendment had also introduced the Ninth Schedule to protect land reform laws from judicial review. This had become necessary since the Courts were striking down zamindari abolition laws. All this history is now forgotten. The Select Committee on the Bill had been chaired by none other than the-then PM himself and had included C. Rajagopalachari and Dr. Ambedkar. It also had Dr. Syama Prasad Mookerjee as a member but he submitted a dissent note,” Ramesh added.
At the same press conference, Rajesh Lilothia, chairperson of the Congress’ SC department, and Vikrant Bhuria, head of the party's Adivasi department, joined Jaihind in pushing for the abolition of the 50% cap on reservations.
Lilothia argued that the cap has become a major hurdle to achieving true social justice and pointed to the Modi government's introduction of 10% reservation for Economically Weaker Sections (EWS) as proof that the cap can be breached.
“The Supreme Court has upheld the EWS quota, proving that the 50% ceiling is not sacrosanct. We will ensure that this limit is removed, just as Rahul Gandhi and the Congress compelled the government to agree to a caste census,” Lilothia said.
He also urged the government to provide a detailed timeline and format for the caste census, asserting that transparency and public discussion are essential for the exercise to be meaningful.
The Congress' renewed push on these issues comes in the wake of growing political debate around caste-based data and affirmative action, with the party positioning itself as a champion of social justice and equity.
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