Article 15 of the Constitution of India
Article 15 of the Constitution of India
Text of Article 15
Article 15(1): The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth, or any of them.
Article 15(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 access to shops, public restaurants, hotels, places of public entertainment, or 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.
Article 15(3): Nothing in this article shall prevent the State from making any special provision for women and children.
Article 15(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 Scheduled Castes and Scheduled Tribes.
Article 15(5) (Inserted by 93rd Amendment, 2005): The State may make special provisions, by law, for the advancement of any socially and educationally backward classes of citizens or for Scheduled Castes or Scheduled Tribes in relation to their admission to educational institutions.
Detailed Explanation
1. Non-Discrimination (Articles 15(1) and 15(2))
The State is prohibited from discriminating against citizens on the grounds of religion, race, caste, sex, or place of birth.
This means no citizen can be treated unfairly or differently just because they belong to a particular community or gender.
It also extends to access to public places like hotels, restaurants, and public amenities, ensuring equality in social participation.
2. Positive Discrimination / Affirmative Action (Articles 15(3), 15(4), and 15(5))
The Constitution recognizes that mere formal equality is insufficient to address historical and social disadvantages.
Therefore, Article 15(3) allows the State to make special provisions for women and children.
Article 15(4) permits special provisions for socially and educationally backward classes, Scheduled Castes (SCs), and Scheduled Tribes (STs).
Article 15(5), inserted later, specifically empowers the State to make laws for the advancement of backward classes in educational institutions, providing a constitutional basis for reservations.
Important Case Laws on Article 15
A. State of Madras v. Champakam Dorairajan (1951)
Issue: The Madras government had implemented caste-based reservations in educational institutions.
Decision: The Supreme Court struck down the caste-based reservation system as unconstitutional because it violated Article 15(1), which prohibits discrimination solely on caste grounds.
Significance: This case led to the 1st Constitutional Amendment and introduction of Article 15(4), allowing special provisions for socially and educationally backward classes.
B. Indra Sawhney v. Union of India (1992) (Mandal Commission Case)
Issue: Validity of reservation for Other Backward Classes (OBCs) in public employment.
Decision: The Supreme Court upheld the constitutionality of reservation but set limits:
Reservation cannot exceed 50% except in extraordinary situations.
The creamy layer of OBCs is excluded from reservation benefits.
Significance: Reinforced affirmative action provisions under Article 15(4) while ensuring balance.
C. Anuj Garg v. Hotel Association of India (2008)
Issue: Validity of a Punjab law that prohibited women from working in hotels and restaurants between 10 pm and 6 am.
Decision: The Supreme Court held the law unconstitutional under Article 15(1) (discrimination on the basis of sex).
Significance: Affirmed that gender discrimination is prohibited unless justified under Article 15(3) for affirmative action.
D. M.C. Mehta v. Union of India (1987) (Environmental Case)
Though primarily an environmental case, it underscored that Article 15 protects access to public places equally, and discrimination in public amenities is violative of constitutional rights.
E. Ashoka Kumar Thakur v. Union of India (2008)
Issue: Challenge to the 93rd Amendment and the law providing reservation in educational institutions under Article 15(5).
Decision: The Supreme Court upheld the amendment and the legislation, affirming the State’s power to make special provisions for socially and educationally backward classes in educational admissions.
Significance: Constitutional backing to reservations in education for backward classes.
Summary
| Aspect | Explanation |
|---|---|
| Prohibition of Discrimination | No discrimination by the State based on religion, caste, sex, etc. |
| Equality in Access | Right to equal access to public places and amenities |
| Affirmative Action | Special provisions for women, children, SCs, STs, and backward classes |
| Scope of Reservations | Allowed but subject to constitutional limits |
| Constitutional Amendments | Article 15(4) and (5) inserted to enable positive discriminatio |
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