Kara Sears
Article 15 of the Indian Constitution prohibits discrimination based on religion, race, caste, sex, or place of birth. It ensures equality before the law and equal access to public areas, prohibiting any kind of restriction on any person on the basis of the aforementioned categories. The article also empowers the State to make special provisions for women and children and for the advancement of socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes. Article 15 has been used in several landmark cases, such as State v. Husein (1951) and John Vallamattom v. Union of India, AIR 2003 SC 2902, to invalidate discriminatory laws and protect the rights of citizens.
| Characteristics | Values |
|---|---|
| Prohibits discrimination against citizens on | Religion, race, caste, sex, place of birth, sexual orientation, gender identity |
| Applies to | State and its institutions, including government |
| Citizens' rights | Political, civil, social equality, equal access to public areas, employment, public resources |
| Allows | Positive discrimination in favour of disadvantaged groups, affirmative action |
| Does not allow | Excessively high percentage of seats in technical institutions to be reserved for backward classes |
| Special provisions for | Women, children, socially and educationally backward classes, Scheduled Castes, Scheduled Tribes |
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What You'll Learn
- Article 15(1) prohibits discrimination on the grounds of religion, race, caste, sex, place of birth, etc
- Article 15(2) is not self-executing and requires legislation to be operative
- Article 15(3) allows the state to make special provisions for women and children
- Article 15(4) lays the foundation for the reservation policy of India
- Article 15(5) permits the government to make special provisions for backward classes and scheduled tribes/castes
Article 15(1) prohibits discrimination on the grounds of religion, race, caste, sex, place of birth, etc
Article 15 of the Indian Constitution prohibits the State from discriminating against any citizen on the grounds of religion, race, caste, sex, place of birth, or any of them. Article 15(1) ensures that religion shall not be the ground for any disqualification or discrimination in any public matter. The prohibition of discrimination on grounds such as religion or caste identities does not deny the pluralism of Indian culture but rather preserves it.
In State v. Husein (1951), Section 27(2A) of The Bombay Police Act (1951) was held to be violative of Article 15(1) and thus void on the ground that it discriminated between persons born in Greater Bombay and those born outside. Under Article 15(2), it is prohibited for an Indian citizen to discriminate against another Indian citizen on the grounds outlined in Clause (1).
Article 15(3) provides that the state may continue to make laws that provide special provisions for women and children. This clause is an exception to Clause 1 and 2. This clause provides special preference to women and children as a matter of positive discrimination.
Article 15(4) and 15(5) may appear to violate Article 14 (right to equality), but they do not, as protective discrimination is also a facet of equality. These clauses make special provisions for the advancement of any socially and educationally backward classes of citizens (SEBCs), Scheduled Castes (SCs), and Scheduled Tribes (STs).
Article 15(5) states that nothing in Article 15 or Article 19(1)(g) prevents the government from making special legal provisions to improve the lives of socially and educationally backward citizens, as well as those from Scheduled Castes and Scheduled Tribes.
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Article 15(2) is not self-executing and requires legislation to be operative
Article 15 of the Indian Constitution is a clause that prohibits discrimination by the state or individuals against citizens on the grounds of religion, race, caste, sex, or place of birth. It ensures that all citizens have equal access to public spaces and services, such as shops, hotels, roads, and educational institutions.
Article 15(2) specifically prohibits any citizen from being subjected to any disability, liability, restriction, or condition on the aforementioned grounds with regard to access to public spaces and services. However, it is important to note that Article 15(2) is not self-executing. This means that it does not automatically come into force without additional legislation. In other words, it requires further legislative action to be operative and enforceable.
The reason for this is that Article 15(2) is a broad provision that outlines the principle of non-discrimination, but it does not specify the exact consequences or penalties for violations. The Indian Constitution leaves it to the legislature to enact laws that give effect to this principle and outline the specific remedies for any breaches. This allows for flexibility and adaptability in addressing discrimination, as the legislature can introduce laws that are responsive to the changing social and cultural landscape of the country.
One example of legislation that has been enacted to give effect to Article 15(2) is the Protection of Civil Rights Act of 1955. This Act made it punishable for a private individual to exclude another citizen from accessing public spaces, such as wells, on the grounds of untouchability. However, it is important to note that this Act only addresses exclusion based on untouchability and does not cover other grounds mentioned in Article 15(2), such as race, caste, or sex.
In conclusion, while Article 15(2) of the Indian Constitution sets out an important principle of non-discrimination, it is not self-executing and relies on supplementary legislation to be operative. This allows for a more nuanced and context-specific approach to addressing discrimination, as the legislature can introduce laws that respond to the diverse and evolving needs of Indian society.
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Article 15(3) allows the state to make special provisions for women and children
Article 15 of the Indian Constitution is a powerful tool to combat discrimination and ensure equality before the law. It prohibits discrimination based on religion, race, caste, sex, or place of birth, guaranteeing equal treatment for all citizens.
Article 15(3) specifically addresses the state's ability to make special provisions for women and children. This clause is an exception to the non-discrimination clauses outlined in Article 15(1) and (2). It states that nothing in the article can prevent the state from creating special provisions or giving preferential treatment to women and children. This positive discrimination is permissible and does not violate Article 15.
The Indian state has an expansive programme of affirmative action, and Article 15(3) supports this by allowing for special laws and policies that benefit women and children. For example, state institutions exclusively for women or special places reserved for women in public transport or entertainment are permitted. However, it's important to note that 'special provision' does not mean that women can be treated less favourably on the basis of gender.
In the case of Girdhar v. State (1953), the petitioner challenged a law that protected women from assault with the intention to outrage their modesty, arguing that the absence of a similar provision for men was discriminatory. The petition was dismissed, with the court upholding the law as consistent with Article 15(3). This demonstrates how Article 15(3) allows for protective discrimination in favour of women and children, ensuring their rights and safety.
Additionally, Article 15(4) and Article 15(5) empower the state to make special provisions for the advancement of socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes. These clauses enable the state to address historical inequalities and provide opportunities for disadvantaged groups in areas such as education.
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Article 15(4) lays the foundation for the reservation policy of India
Article 15 of the Indian Constitution is a wide-ranging clause that prohibits discrimination by the state or any authority against citizens on several grounds, including religion, caste, sex, place of birth, and sexual orientation. It ensures that religion is not a ground for disqualification or discrimination in any public matter and protects the rights of citizens to access public spaces and infrastructure.
Article 15(1) prohibits the state from discriminating against citizens on specified grounds, while Article 15(2) prohibits Indian citizens from discriminating against other citizens on the same grounds. Notably, Article 15(2) requires supporting legislation to be operational, and the Protection of Civil Rights Act 1955 made violations punishable in cases of exclusion on the grounds of untouchability.
Article 15(3) provides an exception to the non-discrimination mandate, allowing the state to make special provisions for women and children. This positive discrimination enables the state to give special preference to these groups in legislation and was upheld in the Revathi v. Union of India case (1998).
Article 15(4) is a crucial component of India's Constitution, laying the foundation for the country's reservation policy. This clause allows the state to make special provisions for the advancement of socially and educationally backward classes, Scheduled Castes (SCs), and Scheduled Tribes (STs). It enables the state to establish specific accommodations and preferences for the enrollment of these disadvantaged groups in academic institutions, including private educational institutions. The scope of "socially and educationally backward classes" includes underprivileged classes that have faced discrimination and prejudice but are not covered under SCs or STs.
The significance of Article 15(4) in shaping India's reservation policy is evident in several court cases. In Balaji v. State of Mysore (1963), the court addressed the government's reservation of 68% of seats in Engineering and Medical colleges for SEBCs, STs, and SCs. The court ruled that the reservation limit should not exceed 50% of the total seats and that backwardness must be both social and economical. In Rajendran v. State of Madras (1968), the court held that reservation in favor of a caste under Article 15(4) would not be unconstitutional if the caste as a whole was socially and educationally backward. More recently, in Ajay Kumar v. State of Bihar (2019), the court rejected an appeal challenging the permissibility of providing reservation under Article 15(4) in postgraduate medical courses, affirming that special provisions include reservation provisions.
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Article 15(5) permits the government to make special provisions for backward classes and scheduled tribes/castes
Article 15 of the Indian Constitution prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. It ensures equality before the law and prohibits any form of discrimination in public access to shops, public restaurants, hotels, and places of public entertainment. It also prohibits any form of discrimination in employment or the use of public resources.
Article 15(5) permits the government to make special provisions for the advancement of socially and educationally backward classes and Scheduled Castes and Tribes. This clause was introduced by the Constitution (93rd Amendment) Act and allows the government to facilitate their admission to educational institutions, including private educational institutions, whether aided or unaided by the State. It is worth noting that this does not include minority educational institutions referred to in clause (1) of Article 30.
The clause specifies that nothing in Article 15 or sub-clause (g) of clause (1) of Article 19 (which grants citizens the right to practice any profession or occupation) shall prevent the State from making such special provisions by law. This exception to the non-discrimination clauses of Article 15 is an example of positive discrimination, which is allowed under Article 15 (clauses 3-6). It is a form of protective discrimination, which is also a facet of equality.
Article 15(5) is similar in nature to Article 15(4), which also allows for special provisions for the advancement of backward classes and Scheduled Castes and Tribes. However, Article 15(4) does not specifically mention admission to educational institutions. Both Articles take into account the de facto inequalities that exist in society.
Article 15(5) is also connected to Article 16(4), which empowers the State to make laws for the protection of Scheduled Castes and Tribes. The 103rd Amendment to the Constitution, in 2019, inserted Clause (6) into Article 15, allowing the State to provide affirmative action, including reservations for economically weaker sections of citizens.
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Frequently asked questions
Article 15 of the Indian Constitution prohibits discrimination based on religion, race, caste, sex, or place of birth.
Article 15 applies to both the state and individuals. It covers public and private educational institutions, employment, and the use of public resources.
Article 15(3) provides that the state may make special provisions for women and children, and for the advancement of socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes.
While Article 15 applies to both the state and individuals, an action under Article 32 is difficult to succeed as the remedy is only against state action and not against private individuals.
