Constitution Decoded: Article 15 of the Indian Constitution

Article 15 of the Indian Constitution: Article 15 of the Indian Constitution comes under PART III of the Constitution which talks about Fundamental Rights. The Fundamental Rights are divided among six broad categories, of which Article 15 is a part of “Right to Equality”.

Article 15 talks about Prohibition of Discrimination on grounds of religion, race, caste, sex, and place of birth. The state is prohibited by this article to solely discriminate citizens on the basis of the given grounds.

Article 15 of the Indian Constitution

As per the Constitution of India, Article 15 states that:

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to:

1. access to shops, public restaurants, hotels and places of public entertainment; or

2. the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.

(3) Nothing in this article shall prevent the State from making any special provision for women and children.

(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

(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.

(6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of article 29 shall prevent the State from making,—

1. any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and

2. any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) 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, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten per cent. of the total seats in each category.

Explanation.—For the purposes of this article and article 16, “economically weaker sections” shall be such as may be notified by the State from time to time on the basis of family income and other indicators of economic disadvantage.

NOTE: This information has been taken from the official website of Ministry of External Affairs and has been published in this article word by word without any modifications.

What is Article 15?

Article 15 prohibits discrimination by the State on certain specific grounds and promotes inclusion at large in public life of the people who are being discriminated against on various grounds. The article protects the citizens from discrimination as well as ensures equality and social justice.

This means that:

• The State cannot discriminate

• On the grounds of Religion, Race, Caste, Sex, or Place of Birth

• But it can give special provisions for the socially and educationally backward, women, and children.

Key Provisions of Article 15 of the Indian Constitution

Originally the Article 15 of the Indian Constitution contained only three provisions- 15(1), 15(2), and 15(3). Later, 15(4), 15(5), and 15(6) were added through subsequent amendments.

Article 15(1): Ban on Discrimination by the State

The Article 15(1) says that the State cannot discriminate against any citizen solely on the grounds of:

• Religion

• Race

• Caste

• Sex

• Place of birth

This means that no public authority can mistreat the citizens based on these grounds.

Article 15(2): No Restriction on Access to Public Places

Article 15(2) of the Constitution says that no citizen can be denied access to:

• Shops

• Hotels

• Restaurants

• Public parks

• Wells, tanks, bathing ghats

• Any place meant for public use

This clause of the Constitution mainly targeted the caste-discrimination

Article 15(3): Special Provisions for Women & Children

Under Article 15(3), the State is allowed to make provisions which will benefit the women and children.

Examples:

• Reservation for women in local bodies

• Special maternity benefits

• Women-only hostels, transport facilities

Article 15(4): Provision for Advancement of Backward Classes

This clause was inserted by the First Constitutional Amendment (1951). Under Article 15(4), the State is allowed to create laws especially for the:

• Socially & Educationally Backward Classes (SEBC)

• SC & ST communities

Article 15(5): Reservation in Private Educational Institutions

The Article 15(5) was added by the 93rd Constitutional Amendment (2005). This clause of Article 15 allows reservation in private (non-minority) educational institutions for the backward classes.

Article 15(6): EWS Reservation

This clause was added very recently in Article 15 of the Indian Constitution. It was inserted by the 103rd Constitutional Amendment (2019). This clause provides 10% reservation for Economically Weaker Sections (EWS) across all the educational institutions except minority institutions.

ALSO READ: Article 14 of the Indian Constitution

Important Supreme Court Judgments Related to Article 15

Article 15 of the Indian Constitution deals with the most important issues in Indian society- discrimination, which is based on many factors. There were many instances in the past where the Supreme Court had to intervene to invoke Article 15 when the Fundamental Rights were being violated. Some of the landmark cases are:

State of Madras vs. Champakam Dorairajan (1951)

It was the first major case which was registered to remove caste-based discrimination in educational institutions. This led to the First Constitutional Amendment which inserted Article 15(4). In this case, the Supreme Court invalidated caste-based discriminations in educational institutions.

Indra Sawhney vs. Union of India (1992)

In this case, the Supreme Court upheld the 27% reservation for the OBCs and also introduced the concept of creamy layer so that only the needy will get the benefits.

Ashoka Kumar Thakur v. Union of India (2008)

The Supreme Court validated the OBC reservation in private institutions under Article 15(5).

Janhit Abhiyan vs. Union of India (2022)

The Supreme Court upheld 10% EWS reservation under Article 15(6) by the 103rd Constitutional Amendment Act, 2019.

Why Article 15 Is Important Today

Article 15 is a very powerful Fundamental Right which ensures equality and social justice. It empowers the citizens to knock the doors of the Supreme Court in case of violation by the State. This article is important as it:

• Helps prevent discrimination

• Ensures social justice by providing equal access to facilities

• Promotes affirmative action by the State

• Empowers the women, children, and socially and educationally backward sections of the society

• Balances equality with equity

Article 15 at a Glance