On September 5, 2025, a fierce debate erupted across India’s political landscape, as the Congress party leveled pointed accusations at Prime Minister Narendra Modi and his government for failing to implement reservations for marginalized communities in private educational institutions—a move mandated by the Constitution but left dormant for over a decade. This controversy, which has simmered for years, now finds itself at the center of a broader national reckoning over social justice, access to education, and the evolving meaning of equality in modern India.
At a press conference held in New Delhi, Congress leaders Rajinder Pal Gautam, Vikrant Bhuria, and Anil Jaihind—chairmen of the party’s SC, ST, and OBC departments—charged the BJP government with deliberately denying higher education opportunities to students from Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC). They called it "unfortunate" that a prime minister who identifies as OBC has, in their words, "steered clear of social justice measures." According to The Times of India, the Congress leaders asserted, "There is a conspiracy to deny higher and quality education to students belonging to the 90 percent population comprising SCs, STs, and OBCs."
The crux of the dispute centers on Article 15(5) of the Indian Constitution. Introduced by the United Progressive Alliance (UPA) government under Manmohan Singh, Article 15(5) empowers the state to mandate reservations for SC, ST, and OBC students in private educational institutions (excluding minority institutions). The Supreme Court upheld the constitutional validity of this amendment, but, as The Indian Express and The Times of India both noted, private institutions are not legally compelled to implement these reservations without a specific statute passed by Parliament. Congress has now demanded that the Modi government introduce such a law in the upcoming Winter session, ending what they describe as an eleven-year impasse.
Statistics presented by the Parliamentary Standing Committee on Education, Women, Children, Youth, and Sports paint a stark picture of the current state of representation. The committee’s August 20, 2025, report, chaired by Congress MP Digvijaya Singh, revealed that private institutions of eminence enroll just 0.89% SC students, 0.53% ST students, and 11.16% OBC students. With private universities and colleges now dominating India’s higher education sector—517 private universities and 78.5% of degree colleges, according to the committee—these numbers underscore the scale of the exclusion faced by marginalized groups.
In response, the committee recommended that the central government enact a law to provide 15% quota for SCs, 7.5% for STs, and 27% for OBCs in private higher educational institutions. Congress leaders seized on these findings, arguing that the last eleven years have been the "darkest period for SCs/STs/OBCs" due to what they call the government’s "privatization policies aimed at denying reservation benefits."
Adding fuel to the fire, Congress highlighted what they see as a glaring double standard. They pointed out that the government moved with lightning speed to pass quotas for Economically Weaker Sections (EWS)—enacting the 10% EWS reservation within 48 hours—while allegedly dragging its feet on implementing long-standing provisions for backward classes. As Anil Jaihind put it, "The Modi government passed quotas for economically weaker sections within 48 hours but is not able to activate the law for the backward classes."
Another flashpoint in the debate is the issue of the OBC "creamy layer" income ceiling. Jaihind criticized the government for failing to revise the income threshold for five years, noting that the last adjustment was made in 2017. "The income ceiling is revised every three years and was last hiked in 2017," he said. This, Congress argues, has hurt the prospects of backward caste candidates in both education and employment, as those who exceed the outdated threshold are excluded from reservation benefits. The party has demanded not only an immediate revision, but also a new provision to allow unfilled OBC quota seats to be transferred to "creamy layer" OBCs—mirroring the practice for unfilled EWS seats, which are filled by general category candidates.
This clash over reservation policy is unfolding against a complex legal and constitutional backdrop. As detailed by StudyIQ, Article 15(1) of the Constitution prohibits discrimination on the basis of religion, race, caste, sex, or place of birth. Article 15(4) empowers the state to make special provisions for the advancement of socially and educationally backward classes, SCs, and STs, while Article 15(5) specifically addresses reservations in educational institutions—including private ones, but excluding minority institutions. The 103rd Constitutional Amendment (2019) introduced Article 15(6), which provides a 10% reservation for EWS.
Judicial pronouncements have further shaped the contours of reservation policy. In Balaji v. State of Mysore (1962), the Supreme Court capped reservations at 50%, treating them as exceptions to the principle of equality. Later, Indra Sawhney v. Union of India (1992) affirmed 27% reservation for OBCs, introduced the concept of the "creamy layer" exclusion, and reaffirmed the 50% ceiling, with rare exceptions. More recently, Janhit Abhiyan v. Union of India (2022) upheld the 10% EWS reservation and clarified that the 50% cap is not inflexible, particularly for non-caste-based quotas.
The legal landscape continues to evolve. The Supreme Court has issued a notice to the Union government regarding a petition seeking the introduction of a "creamy layer"-like system within reservations for SCs and STs—a move that could have far-reaching implications for how social justice is pursued in India’s education sector.
Meanwhile, the political stakes are rising. In Bihar, the Leader of Opposition has pledged to raise the reservation quota to 85% if his alliance comes to power, signaling that debates over reservation policy are likely to intensify in the months ahead.
As the Winter session of Parliament approaches, all eyes are on whether the Modi government will heed Congress’s call and finally move to activate Article 15(5) in private educational institutions. With the future of millions of students from marginalized backgrounds hanging in the balance, the outcome of this legislative battle could reshape the face of Indian higher education for years to come.
