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Clause 5 of Article 15 of the Constitution of India, inserted by the 93rd Constitutional Amendment Act, 2005 is an enabling provision and was in response to the court's explanation in :

  • A.K.C. Vasanth Kumar Vs. State of Karnataka
  • B.Rajendran Vs. Union of India
  • C.P.A. Inamdar Vs. State of Maharashtra
  • D.Kathi Raning Rawat Vs. State of Saurashtra

Answer: C

Article 15(5) responded to P.A. Inamdar Vs. State of Maharashtra.

In P.A. Inamdar v. State of Maharashtra (2005), a seven-judge bench held that the state could not impose its reservation policy on unaided private educational institutions, minority or non-minority. Parliament responded with the Constitution (Ninety-third Amendment) Act, 2005, inserting Article 15(5) to enable special provisions for backward classes, Scheduled Castes and Scheduled Tribes in admission to educational institutions, including private unaided ones, except minority institutions.

K.C. Vasanth Kumar (1985) and Kathi Raning Rawat (1952) are older equality cases, and the Rajendran case is an older decision on admissions; none of them concerned reservation in private unaided institutions.

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