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Ninety-third Amendment of the Constitution of India

The Constitution (Ninety-third Amendment) Act, 2005
Parliament of India
  • An Act further to amend the Constitution of India.
Citation93th Amendment
Territorial extentIndia
Passed byLok Sabha
Passed byRajya Sabha
Assented to20 January 2006
Commenced20 January 2006
Status: In force

The Ninety-third Amendment of the Constitution of India, officially known as The Constitution (Ninety-third Amendment) Act, 2005 enabled the provision of reservation (27%) for Other Backward Class(OBCs) in government as well as private educational institutions.

As a result of this law, Article 15 of the Indian Constitution includes Clause (5), which offers the State the power to make special provisions for the advancement of any socially and educationally backward classes of citizens, which are officially known as Other Backward Classes, as well as for the Scheduled Castes and Scheduled Tribes, with regards to admissions to educational institutions, including private unaided institutions.[1]

The act was enforced in India from 20 January 2006, after it was passed by the Parliament of India and received presidential assent. After passage of the Amendment act, the Parliament passed the Central Educational Institutions(CEIs) (Reservation in Admission) Act, 2006[2][a]. This led to 2006 Indian anti-reservation protests.

The Supreme Court of India upheld the reservations in its landmark judgement. On 10 April 2008, in the Ashoka Kumar Thakur v. Union of India case, the Supreme Court upheld the 93rd Constitutional Amendment and Central Educational Institutions(CEIs) (Reservation in Admission) Act, 2006,[2] for the provision of 27% quota for candidates belonging to the Other Backward Classes in All India Institute of Medical Sciences (AIIMS), Indian Institutes of Technology (IITs), National Institutes of Technology (NITs), Indian Institutes of Management (IIMs), Indian Institute of Science (IISc) and other central educational institutions.[3][4][5][6][7][8][9]

  1. ^ "Ninety-third Constitution Amendment in India" (PDF). July 2009.
  2. ^ a b "The Central Educational Institutions(CEIs) (Reservation in Admission) Act, 2006" (PDF). indiacode.nic.in. Retrieved 20 January 2023.
  3. ^ Mahapatra, Dhananjay (11 April 2008). "SC allows 27% quota for OBCs". The Times of India. Archived from the original on 12 April 2008. Retrieved 12 April 2008.
  4. ^ "SC okays 27% quota for OBCs in higher studies- Politics/Nation-News-The Economic Times". The Times of India. 11 April 2008. Retrieved 12 April 2008.
  5. ^ "NDTV.com: SC upholds 27 per cent OBC quota in educational institutions". Archived from the original on 11 April 2008.
  6. ^ "Breaking News Online: Breaking News! Supreme Court upholds OBC Quota in Educational Institutions". Breaking News Online. Archived from the original on 14 April 2008.
  7. ^ "Supreme Court upholds Governments OBC quota in higher educational institutions". Archived from the original on 13 April 2008. Retrieved 12 April 2008.
  8. ^ "Supreme Court upholds law for 27% OBC quota". The Hindu. Chennai, India. 11 April 2008. Archived from the original on 14 April 2008. Retrieved 12 April 2008.
  9. ^ "Supreme Court upholds Government's OBC quota in higher educational institutions | Latest News". Archived from the original on 26 May 2010. Retrieved 27 August 2021.


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