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Centre Tells Equity Regulations 2026 Are Being Reconsidered
The Centre on Thursday informed the that the ’s () controversial 2026 equity regulations, aimed at preventing caste-based discrimination in higher education institutions, are currently under reconsideration. conveyed the government’s position to a three-judge bench led by Chief Justice Surya Kant, effectively pausing the legal battle while the executive reassesses the rules. The bench granted the four weeks to file a comprehensive counter affidavit, with petitioners given two additional weeks to respond.
The development marks the latest chapter in a high-stakes legal and political controversy surrounding the (Promotion of Equity in Higher Education Institutions) Regulations, 2026. Notified on , the regulations were designed to strengthen institutional mechanisms against caste discrimination on campuses. However, they were stayed by the on , with the court observing that the framework was “ vague,” could have “very sweeping consequences,” and risked dividing society with a “dangerous impact.”
Background and Origins of the Regulations
The 2026 regulations stem from a public interest litigation filed in by Radhika Vemula and Abeda Salim Tadvi—mothers of Rohith Vemula and Payal Tadvi, two students from marginalised communities who died by suicide after facing alleged caste-based harassment. Their petition sought robust anti-discrimination mechanisms across higher education institutions. In early 2025, the directed the to create a “very strong and robust mechanism” to tackle caste-based hostilities, and invited suggestions from stakeholders. After consultations, the notified the 2026 regulations, which superseded the earlier 2012 framework.
The required institutions to set up Equal Opportunity Cells and Anti-Discrimination Officers but lacked enforcement teeth. The 2026 rules went further, mandating equity committees, helplines, monitoring teams, and a central monitoring committee. Non-compliant institutions could be barred from schemes, degree programmes, and central grants.
Key Developments in the Thursday Hearing
When the matter was called, told the bench—comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana—that the government was reconsidering the regulations. “This is the regulation matter. It is under reconsideration,” Mehta stated, adding that he was not indicating the final direction of the review. The bench noted the submission and directed the to file a comprehensive counter affidavit addressing the concerns raised by all petitioners within four weeks. Petitioners may file rejoinders within two weeks thereafter.
, appearing for Radhika Vemula and Abeda Salim Tadvi, urged the court to fix a timeline for the Centre’s decision. When another counsel questioned the maintainability of Jaising’s petition, arguing that the petitioners had a personal interest, Jaising retorted: “These are mothers of two children who died. If they can’t raise this issue, who can?” The bench declined to hear arguments on the merits and adjourned the matter for four weeks.
Legal Issues Raised by the
In its , the flagged several structural problems with the 2026 regulations. The court questioned the necessity of a separate definition of “caste-based discrimination” under , which limits the term to discrimination “only on the basis of caste or tribe” against members of Scheduled Castes, Scheduled Tribes, and Other Backward Classes. This, the court observed, appeared redundant when already provides a broad, inclusive definition of “discrimination” that covers unfair treatment on any ground, including caste.
The bench posed a series of questions for the Centre and to address: whether Clause 3(1)(c) bears a reasonable nexus to the regulations’ object; whether it affects the constitutional sub-classification of Most Backward Castes within SCs, STs, and OBCs; and whether the inclusion of “segregation” in the context of hostels and classrooms could create a “” classification violative of . The court also noted that the regulations omitted the term “ragging” as a specific form of discrimination, despite its prevalence, and asked if this omission was regressive and violative of .
Justice Joymalya Bagchi, a member of the bench, orally remarked during the January hearing: “We should not go to a stage where we go to segregated schools as in the United States, where coloured children go to one school, and white boys and girls go to another school. The unity of India must be reflected in educational institutions.”
Political and Social Dimensions
Beyond the courtroom, the regulations have stirred significant political controversy. Protests erupted shortly after notification, with sections of general-category students arguing that the rules were biased against them and could lead to false complaints. Conversely, Dalit and OBC groups opposed any rollback, fearing a loss of protection. The issue gained additional political salience as Uttar Pradesh approaches elections, with the BJP seeking to balance its traditional upper-caste base with Dalit outreach. The Bankipur Assembly bypoll in Bihar earlier this year saw the controversy cited as a factor in the BJP’s loss.
The Centre’s decision to reconsider the regulations reflects this delicate balancing act. While the government has not indicated the changes it may introduce, the process opens the door for a revised framework that could address the ’s concerns while attempting to satisfy both ends of the caste spectrum.
Impact on Legal Practice and Higher Education Institutions
For legal professionals, the case underscores the constitutional tensions inherent in crafting anti-discrimination measures. The ’s detailed questions indicate that any future regulations must be tightly drafted to avoid ambiguity and potential misuse. Institutions currently governed by the revived face uncertainty until the new framework is finalised. The four-week timeline for the ’s counter affidavit means the matter will likely be heard again in late September or early October.
The case also highlights the evolving role of the as a regulator with enforcement powers. The 2026 regulations attempted to impose real consequences for non-compliance, a departure from the 2012’s toothless approach. If the reconsidered regulations retain strong enforcement mechanisms, they could significantly alter how universities handle caste discrimination complaints—requiring robust internal committees, transparent reporting, and external oversight.
Conclusion
The ’s stay and the Centre’s decision to reconsider the equity regulations represent a critical juncture in India’s fight against caste-based discrimination in higher education. The next hearing, scheduled after four weeks, will likely clarify the government’s position and the future direction of anti-discrimination law on campuses. Until then, the remain in force, but the call for a more effective and constitutionally sound framework grows louder. As the court noted, the issue is not merely about legal definitions but about preserving the unity and fraternity that educational institutions are meant to foster.
