Article 15

Article 15 prohibits discrimination on religion, caste, sex, etc., while permitting reservations for women, backward classes & EWS.

Article 15: Prohibition of Discrimination in India

Syllabus: Polity – Fundamental Rights

Provision:
Article 15 of the Constitution prohibits the State from discriminating against any citizen on the grounds of religion, race, caste, sex, or place of birth.

Key Features of Article 15

1. General Prohibition (Clause 1)

The State cannot discriminate against citizens only on the five specified grounds.
Applies to government actions, not to private individuals.

Case: D.P. Joshi v. State of Madhya Pradesh (1955) – Place of birth ≠ place of residence. States can prefer residents (e.g., fee exemption for locals).

2. Equal Access to Public Places (Clause 2)

No citizen can be denied entry into shops, hotels, restaurants, wells, tanks, roads, or public places funded or maintained by the State.
Applies even against private restrictions in public facilities.

3. Special Provisions for Women and Children (Clause 3)

Allows positive discrimination in favour of women and children.
Case: Revathi v. Union of India (1988) – Special laws “for” women are valid under this clause.

4. Special Provisions for Backward Classes (Clause 4)

Added by the First Constitutional Amendment (1951).
State can make special provisions for SEBCs, SCs, and STs in education and advancement.

Case: Balaji v. State of Mysore (1963) – Reservations should not exceed 50%. Backwardness must be both social and educational, not only economic.

Case: A. Periakaruppan v. State of Tamil Nadu – Caste alone cannot determine backwardness; conditions of the group must justify reservation.

5. Reservation in Educational Institutions (Clause 5)

Inserted by the 93rd Constitutional Amendment (2005).
Permits reservations for SEBCs, SCs, and STs in private (aided/unaided) educational institutions, except minority institutions under Article 30.

Case: Ashok Kumar Thakur v. Union of India (2008) – Upheld validity of reservations in private educational institutions.

6. Special Provisions for Economically Weaker Sections (Clause 6)

Added by the 103rd Constitutional Amendment (2019).
Enables up to 10% reservation in education and jobs for EWS (excluding SCs, STs, OBCs).

Case: Janhit Abhiyan v. Union of India (2022) – SC upheld the amendment as constitutional, though with dissent by CJI Lalit and Justice Bhat.

Judicial Interpretations of Article 15

Kathi Raning Rawat v. State of Saurashtra (1952) – Legislative differentiation is not always discrimination; classification by area/offense valid.
John Vallamattom v. Union of India (2003) – Struck down discriminatory provisions in the Indian Succession Act that applied only to Christians.

Significance of Article 15

Safeguards against discrimination on the basis of identity markers like religion, caste, or gender.
Provides flexibility for affirmative action to uplift vulnerable groups.
Balances formal equality (non-discrimination) with substantive equality (positive measures for disadvantaged).

Conclusion

Article 15 ensures that India’s idea of equality is not just about removing discrimination, but also about enabling fairness through positive discrimination. By allowing reservations for women, backward classes, and EWS, the Constitution balances individual rights with social justice.