Article 15 of the Indian Constitution: Prohibition of Discrimination
Introduction
Article 15 of the Indian Constitution is a crucial part of the Right to Equality (Articles 14-18). It prohibits discrimination by the State against any citizen on grounds of religion, race, caste, sex, or place of birth. However, it also allows for positive discrimination, such as reservations and special provisions for disadvantaged groups, ensuring social justice.
Text of Article 15
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, or place of birth.
(2) No citizen shall, on these grounds, be subjected to restrictions in:
- Access to public places (shops, hotels, public entertainment, etc.).
- Use of public spaces (wells, tanks, roads, etc.).
(3) The State can make special provisions for women and children.
(4) The State can make special provisions for socially and educationally backward classes (SEBCs), SCs, and STs.
(5) The State can make reservations in educational institutions, including private institutions (except minority institutions), for SCs, STs, and OBCs. (Added by the 93rd Constitutional Amendment, 2005).
Key Features of Article 15
1. Prohibition of Discrimination
- The State cannot discriminate against citizens based on religion, race, caste, sex, or place of birth.
- No citizen can be restricted from using public places, transport, or services.
2. Special Provisions for Women & Children
- The government can create laws and policies favoring women and children (e.g., maternity benefits, free education, protection from exploitation).
3. Reservations for SCs, STs, and OBCs
- Special provisions are allowed for socially and educationally backward classes.
- Includes reservation in education, employment, and welfare schemes.
4. Private Institutions & Educational Reservations
- 93rd Amendment (2005) allows reservations in private educational institutions, excluding minority-run institutions.
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Judicial Interpretations & Landmark Cases
| Case Name | Judgment |
|---|---|
| Champakam Dorairajan v. State of Madras (1951) | Reservations solely based on caste were struck down. This led to the First Constitutional Amendment (1951), adding Article 15(4). |
| Indra Sawhney v. Union of India (1992) | Upheld 27% reservation for OBCs but set a 50% cap on total reservations. |
| Ashoka Kumar Thakur v. Union of India (2008) | Upheld 27% OBC reservations in private colleges but excluded the creamy layer. |
| Navtej Singh Johar v. Union of India (2018) | LGBTQ+ rights protected under Article 15 as discrimination based on sexual orientation was seen as unconstitutional. |
Exceptions & Special Provisions
✅ Allowed Special Provisions
- Reservations for SCs, STs, and OBCs in education and jobs.
- Women-only colleges, hostels, and laws for their safety.
- Special laws for children (e.g., child labor laws, free education).
❌ Not Allowed
- Exclusive benefits for any particular religion.
- Caste-based discrimination in any public place.
- Gender discrimination in employment, wages, or opportunities.
Significance of Article 15
✅ Prevents Discrimination – Ensures no citizen is unfairly treated.
✅ Promotes Social Justice – Helps uplift weaker sections.
✅ Strengthens Equality – Ensures equal access to public services and institutions.
✅ Empowers Women & Minorities – Encourages laws to support disadvantaged groups.
Conclusion
Article 15 is a powerful tool against discrimination in India. It ensures equal rights for all citizens while allowing affirmative action for weaker sections. By balancing equality and social justice, Article 15 plays a crucial role in India’s progress towards an inclusive society.
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