Article 15 of the Indian Constitution is a fundamental right enshrined in Part III, guaranteeing equality to all citizens. It is a specific application of the general principle of equality before the law and equal protection of laws guaranteed under Article 14. This article is pivotal in combating discrimination and fostering a truly egalitarian society by prohibiting the State from discriminating against citizens based on certain specific grounds.
While the core of Article 15 lies in prohibiting discrimination, it also recognizes the need for positive discrimination or affirmative action to uplift historically disadvantaged groups. Clauses (3), (4), (5), and (6) allow the State to make special provisions for women, children, socially and educationally backward classes, Scheduled Castes, Scheduled Tribes, and Economically Weaker Sections, recognizing that formal equality is insufficient to address deep-seated inequalities.
Original Text
Article 15. 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— (a) access to shops, public restaurants, hotels and places of public entertainment; or (b) 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,— (a) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and (b) any special provision, by law, for the reservation of up to ten per cent. of admissions in 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, in addition to the existing reservations. 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.
Detailed Explanation
Article 15 focuses specifically on prohibiting discrimination based on certain enumerated grounds, ensuring equal treatment and access for all citizens.
Clause (1): This is the primary prohibition against the State. It mandates that the State cannot discriminate against any citizen only on the grounds of religion, race, caste, sex, place of birth, or a combination of these. The word “only” is significant; it implies that discrimination based on these grounds in conjunction with other factors (e.g., domicile, or residence combined with place of birth) may be permissible, provided the other factor is a rational basis for differentiation. However, judicial interpretation has often held that if the prohibited ground is the dominant factor, the discrimination is invalid. The prohibition applies to all forms of state action, including legislation, executive orders, and administrative decisions.
Clause (2): This clause extends the principle of non-discrimination beyond the State to both the State and private individuals or bodies regarding access to specific public places and resources. It ensures that no citizen faces discrimination based only on the same prohibited grounds when accessing shops, public restaurants, hotels, places of public entertainment, or using wells, tanks, bathing ghats, roads, and places of public resort that are either maintained by the State or dedicated to the use of the general public. This clause is crucial for eradicating social discrimination and untouchability in public spaces.
Clause (3): This is the first exception to the general rule of non-discrimination. It allows the State to make special provisions for women and children. This enables the State to enact laws or policies that provide preferential treatment to women and children, recognizing their specific needs and vulnerabilities. Examples include reserving seats for women in local bodies, providing free education for children, or special penal provisions for offences against women and children. This is an example of ‘protective discrimination’ aimed at achieving substantive equality.
Clause (4): Added by the Constitution (First Amendment) Act, 1951, this clause was a direct response to the Supreme Court’s judgment in State of Madras v. Champakam Dorairajan (1951), which held that communal reservations in educational institutions violated Article 29(2) and were not saved by Article 46 (a Directive Principle). Clause (4) explicitly permits the State to make special provisions for the advancement of any socially and educationally backward classes (SEBCs) of citizens or for the Scheduled Castes (SCs) and the Scheduled Tribes (STs). This provision forms the constitutional basis for reservations in educational institutions and government jobs for these groups. It recognizes that historical disadvantages require affirmative action.
Clause (5): Inserted by the Constitution (Ninety-third Amendment) Act, 2005, this clause further clarifies and strengthens the State’s ability to make special provisions for the advancement of SEBCs, SCs, and STs. It allows the State to reserve seats for these categories in educational institutions, including private ones, whether aided or unaided by the State. Minority educational institutions established under Article 30(1) are explicitly excluded from the purview of this clause. This amendment addressed the challenge of extending reservations to private educational institutions, reinforcing the state’s power to implement affirmative action in the education sector.
Clause (6): Added by the Constitution (One Hundred and Third Amendment) Act, 2019, this clause introduces a special provision for Economically Weaker Sections (EWS). It permits the State to make special provisions for the advancement of EWS citizens who are not covered under clauses (4) and (5). It allows for the reservation of up to ten percent of admissions in educational institutions (excluding minority institutions) for EWS, in addition to existing reservations for SCs, STs, and SEBCs. The explanation defines EWS based on family income and other indicators of economic disadvantage as notified by the State. This amendment extended affirmative action based purely on economic criteria, supplementing the existing reservations based on social and educational backwardness.
In essence, Article 15 embodies both the principle of formal non-discrimination (Clauses 1 and 2) and the principle of substantive equality through affirmative action (Clauses 3, 4, 5, and 6), allowing the State to address historical and ongoing inequalities.
Detailed Notes
- Core Principle: Prohibits discrimination by the State against citizens.
- Prohibited Grounds (Clause 1):
- Religion
- Race
- Caste
- Sex
- Place of birth
- Or any of them.
- Discrimination is prohibited only on these grounds. Other factors can be considered if they form a rational basis for differentiation.
- Extension to Public Places (Clause 2):
- Prohibits discrimination on the same grounds by State and citizens.
- Applies to access to:
- Shops
- Public restaurants
- Hotels
- Places of public entertainment
- Applies to use of:
- Wells
- Tanks
- Bathing ghats
- Roads
- Places of public resort (State-maintained or dedicated to public use)
- Exceptions / Special Provisions: These clauses allow the State to treat certain groups differently to achieve substantive equality.
- Clause 3 (Women and Children):
- Permits the State to make any special provision for women and children.
- Examples: reservation of seats, free education, special laws for protection.
- Clause 4 (SEBCs, SCs, STs):
- Added by 1st Amendment, 1951.
- Permits special provisions for the advancement of Socially and Educationally Backward Classes (SEBCs), Scheduled Castes (SCs), and Scheduled Tribes (STs).
- Constitutional basis for reservations in education and public employment for these groups.
- Clause 5 (Reservations in Educational Institutions):
- Added by 93rd Amendment, 2005.
- Permits special provisions (reservations) for SEBCs, SCs, and STs in admissions.
- Applies to all educational institutions, including private ones (aided or unaided).
- Excludes minority educational institutions under Article 30(1).
- Clause 6 (Economically Weaker Sections - EWS):
- Added by 103rd Amendment, 2019.
- Permits special provisions for the advancement of Economically Weaker Sections (EWS), other than those covered in Clauses 4 and 5.
- Allows reservation of up to 10% of admissions in educational institutions (excluding minority institutions) for EWS.
- Reservation is in addition to existing reservations.
- Explanation: Defines EWS based on family income and other economic disadvantage indicators as notified by the State.
- Clause 3 (Women and Children):
- Relationship with other Articles:
- Closely related to Article 14 (Right to Equality).
- Related to Article 16 (Equality of Opportunity in Public Employment), which also has similar exceptions.
- Clause 5 and 6 override potential conflicts with Article 19(1)(g) (right to practice profession/carry on business) and Article 29(2) (no denial of admission based on religion, race, caste, language).
- Judicial Interpretation: The Supreme Court has extensively interpreted Article 15, particularly concerning the scope of “socially and educationally backward classes,” the limits of reservations, and the application of exceptions.
Additional Comments
- Article 15 represents a crucial aspect of India’s commitment to social justice and equality.
- The exceptions (Clauses 3-6) are instances of ‘affirmative action’ or ‘protective discrimination’ designed to address historical injustices and socio-economic disparities.
- The principle of ‘substantive equality’ (achieving equality in fact) is reflected in the exceptions, moving beyond mere ‘formal equality’ (treating everyone identically regardless of context).
- The addition of Clauses (4), (5), and (6) through constitutional amendments reflects the evolving understanding and State’s efforts to implement social justice policies.
- The application of Article 15, especially concerning reservations, has been a subject of significant judicial review and public debate, defining the boundaries of affirmative action.
Summary
Article 15 prohibits the State from discriminating against any citizen solely on grounds of religion, race, caste, sex, or place of birth. It also ensures non-discrimination for citizens regarding access to public places like shops, restaurants, hotels, and public amenities maintained by the State or for public use on the same grounds. However, the Article allows the State to make special provisions for women and children. Furthermore, it permits the State to make special provisions, including reservations, for the advancement of socially and educationally backward classes of citizens, Scheduled Castes, and Scheduled Tribes, particularly concerning admission to educational institutions. The Article was amended to also allow special provisions, including up to 10% reservation, for Economically Weaker Sections in educational institutions.