Implications of the 93rd Constitution Amendment Act
The 93rd Constitution Amendment Act, termed by Minister of Human Resource Development, Arjun Singh as only a piece of "enabling legislation", may have opened Pandora's box by amending Article 15 of the constitution to provide for reservations for OBCs in all "educational institutions" including private, whether aided or unaided, excepting minority educational institutions.
What was the driving force and the hurry for the 93rd constitution amendment?
The Supreme Court delivered an unanimous judgement by 7 judges on August 12, 2005 in the case of P.A. Inamdar & Ors. vs. State of Maharashtra & Ors.declaring that the State can't impose its reservation policy on minority and non-minority unaided private colleges, including professional colleges. All political parties without exception were unhappy with the Supreme Court's recent judgement in the P.A. Inamdar case and there was a consensus among all political parties for amending the Constitution to impose the State's reservation policies on the private unaided colleges too.
The Government reacted very quickly. The Minister for Human Resource Development, Arjun Singh, drafted and piloted the 104th Constitution Amendment Bill which was passed in the Lok Sabha on December 21st with 379 votes in favour and one vote against and one abstaining. The Rajya Sabha also passed it on December 22nd with 172 votes in favour and only two against. The BJP had protested that minority education institutions should also come under the purview of this bill, but did not oppose the bill in principle.
The 104th Constitution Amendment Bill became the the Constitution 93rd amendment Act, 2005 when President Kalam signed it on January 20, 2006 after coming very close to withholding his assent to the Bill. President Kalam had raised a number of queries and Prime Minister Manmohan Singh was apparently able to address all queries to the President's satisfaction.
According to the Constitution...