India’s Higher Education System: A Renewed Call for Inclusive Access

India’s Higher Education System: The debate around equitable access to higher education in India has once again come into focus as discussions resurface on the constitutional mandate for social justice. Two decades after a landmark legal provision came into force, questions remain about its full implementation, especially in the rapidly expanding private higher education sector. The issue is not merely political; it touches upon long-standing concerns of representation, inclusion, and equal opportunity for historically marginalized communities.

Background of the Reservation Framework in Higher Education

India’s reservation policy in education is rooted in the objective of correcting historical disadvantages faced by certain social groups. A significant milestone was achieved on January 20, 2006, when a constitutional provision enabled reservations for Other Backward Classes in centrally funded higher education institutions. This move institutionalized affirmative action in some of the country’s most prestigious academic spaces, including national-level universities and technical institutes.

Constitutional Basis Under Article 15(5)

At the heart of this framework lies Article 15(5) of the Indian Constitution. This provision empowers the state to make special arrangements for the advancement of socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes in educational institutions. Importantly, it extends this authority not only to government-funded institutions but also to private unaided institutions, with the exception of minority-run establishments. The amendment that introduced this clause marked a decisive expansion of the state’s role in ensuring inclusive education.

Role of the UPA Government and Legislative History

The constitutional amendment that enabled Article 15(5) was passed through the 93rd Constitutional Amendment Act in 2005 during the tenure of the United Progressive Alliance government led by Dr. Manmohan Singh. The legislation paved the way for a 27 percent reservation for OBC students in centrally funded higher education institutions. Over the years, this policy has been credited with opening doors for a large number of first-generation learners and contributing to upward social and economic mobility.

Supreme Court Validation and Legal Clarity

The extension of reservation provisions to private educational institutions was not without controversy. Legal challenges questioned whether such mandates infringed upon institutional autonomy. The matter was conclusively addressed by the Supreme Court of India in May 2014 in the Pramati Educational and Cultural Trust versus Union of India case. The court upheld the constitutional validity of Article 15(5), affirming that reservations for SC, ST, and OBC students are permissible even in private unaided higher education institutions, barring minority institutions. This judgment provided long-awaited legal clarity but did not automatically translate into enforcement.

Current Gaps in Implementation

Despite constitutional backing and judicial approval, there remains a notable absence of a comprehensive parliamentary law that enforces Article 15(5) in private higher education institutions. This gap has resulted in uneven representation of marginalized communities in private colleges and universities, which now account for a substantial share of higher education capacity in India. Multiple studies and committee reports have highlighted that enrollment figures from SC, ST, and OBC communities in private institutions remain disproportionately low.

Parliamentary Oversight and Recent Developments

In recent years, the issue has been raised repeatedly in Parliament. A significant development was the introduction of the Viksit Bharat Shiksha Adhishthan Bill, 2025, in the Lok Sabha, proposing a single regulatory authority for higher education. The Bill was subsequently referred to a Joint Parliamentary Committee for detailed examination. Policymakers and commentators have emphasized that any such regulator should also be entrusted with monitoring and ensuring compliance with constitutional provisions related to social justice in education.

Position Articulated by Jairam Ramesh

On the anniversary of the implementation of Article 15(5), Congress leader and Rajya Sabha member Jairam Ramesh reiterated the need for comprehensive enforcement of the provision. He emphasized that while reservations in centrally funded institutions have benefited lakhs of students over the past two decades, the constitutional promise remains incomplete without extending similar safeguards to private higher education institutions. He also referred to the findings of a Parliamentary Standing Committee on Education, which noted alarmingly low representation of marginalized communities in private institutions and recommended legislative action.

Broader Implications for Social Justice

The discussion around reservations in private higher education is not just about policy compliance; it reflects broader questions about the nature of development and inclusivity in a rapidly changing economy. As private institutions play an increasingly dominant role in shaping India’s academic and professional landscape, ensuring fair access becomes essential to prevent the deepening of social inequalities. Effective implementation of Article 15(5) could serve as a critical instrument in aligning educational growth with constitutional values.

The Road Ahead

Moving forward, the challenge lies in translating constitutional intent into enforceable law and effective regulation. Parliamentary action, supported by robust oversight mechanisms, could bridge the existing gap between policy and practice. As India reflects on two decades of Article 15(5), the focus is gradually shifting from commemoration to completion, emphasizing the need for decisive steps that make inclusive higher education a lived reality rather than a constitutional aspiration.