REGISTERED NO . DL-(N )04/0007/2003-05
रजिस्ट्री सं० डी० एल (एन)04/0007/2003--05
भारत को राजपत्र The Gazette ofIndia
असाधारण
EXTRAORDINARY
भाग II खण्ड 2
PART II- Section 2
प्रांधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 72]
नई दिल्ली, मंगलवार, दिसम्बर 20 , 2005/ अग्रहायण 29,1927 No. 72 ] NEW DELHI , TUESDAY, DECEMBER 20, 2005 / AGRAHAYANA 29 , 1927
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके । Separate paging is given to this Part in order that it may be filed as a separate compilation.
LOK SABНА
The following Bill was introduced in the Lok Sabha on 20th December , 2005:-
BILL NO . 160 OF 2005
ABill further to amend the Constitution of India.
BE it enacted by Parliament in the Fifty- sixth Year of the Republic of India as follows:--
Short title and commencement .
I. (1) This Act may be called the Constitution (One Hundred and Fourth Amendment) Act,2005.
(2) It shall come into force on such date as the Central Government may, by notification inthe OfficialGazette , appoint .
Amendment of article 15.
2. 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 inclause (1 ) ofarticle 30." 2
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-SEC.2 ]
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 . The reservation of seats for the Scheduled Castes , the Scheduled Tribes and the Other Backward Classes of citizens ( OBCs ) in admission to educational institutions is ived from the provisions of clause (4) of article 15. At present, the number of seats available in aided or State mantained 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 . Access to education is important in order to ensure advancement ofpersons belonging to the Scheduled Castes , the Scheduled Tribes and the socially and educationally backward classes also referred to as the OBCs .
3. Clause ( 1 ) of article 30 provides the right to all minorities to establish and administer educational institutions of their choice . It is essential that the rights available to minorities are protected in regard to institutions established and administered by them . Accordingly, institutions declared by the State to be minority institutions under clause ( 1 ) of article 30 are omitted from the operation of the proposal .
4. To promote the educational advancement of the socialiy and educationally backward classes of citizens ie. the OBCs or ofthe 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. The new clause (5) shall enable the Parliament as well as the State Legislatures to make appropriate laws for the purposes mentioned above .
5. The Bill seeks to achieve the above objects .
New Delhi ;
ARJUN SINGH
The 19th December , 2005
P. D. T. ACHARY,
Secretary General.
PRINTED BY THE MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI , 2005 .
MGIPMRND-4735LS (S3 )-18.01.2006.