This bill has been quite famous as "Quota Bill". It adds a new clause to Article 15 of the Constitution. This act amends the article 15 and adds clause 15(5) after Clause 15(4).
"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.".
In August 12, 2005 Supreme Court had delivered a judgement by 7 judges uninamously in case of P.A. Inamdar & Ors. vs. State of Maharashtra & Ors..
Supreme court declared that State can't impose its reservation policy on minority and non-minority unaided private colleges, including professional colleges.
The 93rd Constitutional amendment was brought (in a hurry) for ensuring reservations to other backward classes and Scheduled castes and Tribes in Private Educational institutions.
The move was to reverse the Supreme Court Judgement.
In April 2008, the Supreme Court of India upheld the Government's move for initiating 27% OBC quotas in Government funded institutions.
The Court has reiterated its prior stand that "Creamy Layer" should be excluded from the ambit of reservation policy. The Supreme Court avoided answering the question whether reservations can be made in private institutions, stating that the question will be decided only as and when a law is made making reservations in private institutions.
In conclusion, this amendment enables the constitution to provide for reservations for OBCs in all "educational institutions" including private, whether aided or unaided, excepting minority educational institutions. It brought all private institutions, whether aided or unaided, under the purview of the Government's policies on reservation and fee structure, it has also quietly achieved much more than that by widening the scope of the Amendment Act to specifically include the term "admission to educational institutions". Article 15 of the constitution, as it was originally framed in 1950, stated the following and did not include the term "admission to educational institutions".