THE CONSTITUTION (NINETY-THIRD AMENDMENT) ACT, 2005
NO. 93 OF 2005
[20th January, 2006.]
An Act further to amend the Constitution of India.
BE it enacted by Parliament in the Fifty-sixth Year of
the Republic of India as follows:-
1.Short title
and commencement.
1.
Short title and commencement.-
(1)
This Act may be called the Constitution (Ninety-third Amendment) Act, 2005.
(2) It shall come into force on such date as the
Central Government may, by notification in the Official Gazette, appoint.
2.
Amendment of article 15.
2. Amendment of article 15.-In article 15 of the
Constitution, after clause (4), the following clause shall be inserted,
namely:-
"(5) Nothing in this article or in sub-clause (g)
of clause (1) of article 19 shall prevent the State from making 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 in so far 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.".
T.
K. VISWANATHAN,
Secy. to the Govt. of India.
STATEMENT
OF OBJECTS AND REASONS
Greater
access to higher education including professional education to a larger number of students belonging to the socially and
educationally backward classes of citizens or for the Scheduled Castes and
Scheduled Tribes has been a matter of major concern. At present, the number of
seats available in aided or State maintained institutions, particularly in
respect of professional education, is limited in comparison to those in private
unaided institutions.
2.
It is laid down in article 46, as a directive principle of State policy, that the
State shall promote with special care the educational and economic interests of
the weaker sections of the people and protect them from social injustice. To
promote the educational advancement of the socially and educationally backward
classes of citizens or of the Scheduled Castes and Scheduled Tribes in matters
of admission of students belonging to these categories in unaided educational
institutions, other than the minority educational institutions referred to in
clause (1) of article 30 of the Constitution, it is proposed to amplify article
15.
3. The Bill seeks to
achieve the above objects.
NEW DELHI;
The 9th December, 2005