Article 15 – Prohibition of Discrimination

Index

1. Introduction to Article 15

2. Text of Article 15

3. Grounds of Discrimination Prohibited

4. Access to Public Places (Article 15(2))

5. Special Provisions for Women and Children (Article 15(3))

6. Special Provisions for Backward Classes (Article 15(4))

7. Reservation in Educational Institutions (Article 15(5))

8. Reservation for Economically Weaker Sections (Article 15(6))

9. Important Supreme Court Judgements

10. Significance of Article 15

11. Conclusion

Introduction

Article 15 of the Constitution of India is an important provision under the Right to Equality. It prohibits discrimination by the State against any citizen on certain specified grounds and aims to promote equality and social justice in Indian society.

This article ensures that citizens are not treated unfairly because of their religion, race, caste, sex, or place of birth.

Text of Article 15

Article 15 states that the State shall not discriminate against any citizen on grounds of religion, race, caste, sex, or place of birth.

However, the Constitution allows the State to make special provisions for disadvantaged groups to ensure substantive equality.

Grounds of Discrimination Prohibited

The Constitution specifically prohibits discrimination on the following grounds:

• Religion

• Race

• Caste

• Sex

• Place of birth

These grounds were included to prevent social injustice and unequal treatment in public life.

Access to Public Places (Article 15(2))

Article 15(2) ensures that no citizen shall be denied access to public places such as:

• Shops

• Public restaurants

• Hotels

• Public entertainment places

• Wells, tanks, roads and public resorts maintained by the State.

This provision helps eliminate social discrimination in public spaces.

Special Provisions for Women and Children (Article 15(3))

Article 15(3) allows the State to make special provisions for women and children.

This provision enables the government to introduce protective laws and welfare schemes aimed at improving their social and economic conditions.

Examples include:

• Reservation for women in educational institutions

• Maternity benefits

• Welfare schemes for children.

Special Provisions for Backward Classes (Article 15(4))

Article 15(4) empowers the State to make special provisions for the advancement of socially and educationally backward classes, including:

• Scheduled Castes (SCs)

• Scheduled Tribes (STs)

This clause forms the constitutional basis for reservation policies in education.

Reservation in Educational Institutions (Article 15(5))

Article 15(5) was inserted through the 93rd Constitutional Amendment Act, 2005.

It allows the State to provide reservations for backward classes in educational institutions, including private institutions, except minority educational institutions.

Reservation for Economically Weaker Sections (Article 15(6))

Article 15(6) was introduced by the 103rd Constitutional Amendment Act, 2019.

This provision allows 10% reservation for Economically Weaker Sections (EWS) in educational institutions.

Important Supreme Court Judgements

State of Madras v. Champakam Dorairajan (1951)

This case led to the introduction of Article 15(4) to enable reservation for backward classes.

Indra Sawhney Case (1992)

The Supreme Court clarified the principles governing reservation policies in India.

Significance of Article 15

Article 15 is significant because it:

• Prevents discrimination in public life

• Promotes social justice

• Supports affirmative action policies

• Ensures equality in access to public facilities and education.

Conclusion

Article 15 plays a vital role in promoting equality and eliminating discrimination in Indian society. By allowing special provisions for disadvantaged groups, it ensures that equality becomes meaningful and inclusive.