Page 62 - EW November 2025.pdf Final

Cover Story

93rd Constitution Amendment Act, 2005

o nullify the judgement of the Supreme
Court in PA Inamdar vs. State of Maha-
rashtra (2005) which reaffirmed that the
TState cannot impose its quota reservation poli-
cies on private unaided colleges, the Union HRD ministry responded
with the 104th Constitution Amendment Bill which specifically overruled
this unanimous apex court judgement. This Bill became the Constitu-
tion 93rd Amendment Act, 2005, when President Abdul Kalam signed it on
January 20, 2006. Subsequently, a new cla use was added to Article 15 of the
Constitution permitting the State to decree reservations for other socially and
educationally backward classes (OBCs) in all government and private higher
education institutions.
As a result, the validity of the judgement of the Supreme Court in
Indira Sawhney vs. Union of India (1992) which capped reservations
at 49.5 percent of institutional capacity, became doubtful.
See www.educationworld.in Archives (February 2006)

62 EDUCATIONWORLD NOVEMBER 2025