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ashishgupta.mail (n/a)     04 March 2008

do anyone tell what is 93rd ammendment in constitiution

    anyone pls provide the detail of the captioned subject on my mail ID


 4 Replies

SANJAY DIXIT (Advocate)     04 March 2008

THE CONSTITUTION (93rd 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) 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-- 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."

Adv. Rishab (Law Student)     11 March 2008


Rajesh Kumar (Advocate)     04 April 2008

This amendment is as preposterous as its applicability. In a series of judgments- Saurav Chaudhary, TMA Pai, P A Inamdar- the Court ruled that no reservation can be made in private unaided educational institution. The logic of this ruling is simple- reservation is a state responsiblity, it cannot be transferred on private persons; reservation is a restriction on trade and business not contemplated in Article 19. This amendment is an effort to overrule those judgments. Nevertheless various state governments impose reservation on the ground of domicile- not permitted even under the amended provision with impunity. Even Indraprastha University in delhi does that- reserving seats on the basis of domicile in private unaided institutions.

girishankar (manager)     09 November 2010

Dear sir,

2005 is prospective or Retrospective Please

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