Article 15 of the Constitution of India | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

• Article 15 of the Indian Constitution prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. This ensures equality before the law and prohibits any form of discrimination in public access to shops, restaurants, hotels, and places of public entertainment. It also prohibits discrimination in employment or the use of public resources.
• Article 15 of the Constitution of India prohibits discrimination against any citizen on the grounds of religion, race, caste, sex, or place of birth. It states that the State shall not discriminate on these grounds and empowers the State to make special provisions for women, children, socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes.
• The objective of Article 15 is to promote equality and eliminate discrimination based on historical factors of social inequality and injustice in India.

Provisions of Article 15 Indian Constitution

• The State is prohibited from discriminating against any citizen based solely on religion, race, caste, sex, place of birth, or any combination of these factors.
• No citizen can face any disability, liability, restriction, or condition solely due to their religion, race, caste, sex, place of birth, or any of these factors, regarding:
  • Access to shops, public restaurants, hotels, and places of public entertainment.
  • Usage of wells, tanks, bathing ghats, roads, and public places funded by the State or intended for public use.
• The State is allowed to make special provisions for women and children, despite the regulations mentioned above.
• Special provisions can be made by the State for the advancement of socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes, without conflicting with the aforementioned clauses.
• The State can enact laws for the advancement of economically weaker sections, different from those mentioned previously, especially concerning their admission to educational institutions, with a reservation limit of ten percent of total seats in each category.

Explanation: The term "economically weaker sections" will be defined by the State periodically based on family income and other economic disadvantage indicators.

Article 15 (1) of the Constitution

• Non-Discrimination Principle: According to Article 15(1) of the Indian Constitution, the State, which includes the government and its institutions, is prohibited from discriminating against any citizen based solely on religion, race, caste, sex, place of birth or any of them.
• Equal Treatment: This constitutional provision mandates that the State cannot unfairly or differentially treat individuals or groups on the basis of religion, race, caste, sex, or place of birth. For instance, decisions related to employment, educational opportunities, or access to public services cannot be made solely on these criteria.
• Example Explanation: For example, under Article 15(1), a government institution cannot refuse to hire a qualified individual based on their caste or gender. Similarly, a person's access to educational institutions should not be restricted due to their religion or place of birth.

DP Joshi v. State of Madhya Bharat

• DP Joshi v. State of Madhya Bharat is a significant case in Indian constitutional law regarding the interpretation of Article 15(1) of the Indian Constitution.
• In this case, the petitioner contested the constitutional validity of an order in Madhya Bharat that reserved seats in medical and engineering colleges for backward class candidates.
• The petitioner argued that this order violated Article 15(1) of the Indian Constitution, which bars discrimination based on religion, race, caste, sex, or place of birth.
• The Supreme Court ruled in favor of the reservation order's constitutional validity, stating that Article 15(1) does not prohibit the state from making special provisions for the advancement of socially and educationally backward classes.
• The Court emphasized that the reservation order aimed to promote the educational advancement of backward classes and was thus deemed valid under Article 15(1).
• Furthermore, the Court highlighted the importance of classifying backward classes for reservation based on objective criteria like social and educational backwardness rather than solely on caste.
• It was also noted that reservation policies should evolve based on societal needs and be adaptable to changing social and economic circumstances.

State of Rajasthan v. Pratap Singh

• The Supreme Court case of State of Rajasthan v. Pratap Singh (1969) addressed discrimination based on residency.
• The Rajasthan government had a rule that only residents of the state for a certain period could apply to medical colleges there.
• The court found this rule violated Article 15(1) of the Constitution, which prohibits discrimination based on various factors.
• The rule was deemed discriminatory as it excluded non-residents from consideration regardless of merit.
• It was clarified that this rule did not fall under the exception provided in Article 15(3) for special provisions for women and children.
• The court emphasized that equal educational opportunities should not be hindered by residency-based discrimination.
• Education aims to cultivate skilled individuals for societal and national service.
• The court stressed the importance of admitting the most qualified candidates regardless of their place of residence.

Article 15 (2) of the Constitution

• Article 15(2) of the Constitution of India is a crucial fundamental right that aims to prevent discrimination against any Indian citizen solely based on factors such as religion, race, caste, sex, or place of birth.
• It ensures that no citizen is subjected to any form of disability, liability, restriction, or condition on these specified grounds.
• Clause (a) of Article 15(2) specifically prohibits discrimination in access to various establishments like shops, public restaurants, hotels, and places of public entertainment.
• This implies that individuals cannot be denied entry or services at these locations based on their religion, race, caste, sex, or place of birth.
• Clause (b) of Article 15(2) extends this protection to public facilities such as wells, tanks, bathing ghats, roads, and public resorts funded by the State or designated for general public use.
• This provision ensures that no individual can be deprived of access to these public amenities due to their religion, race, caste, sex, or place of birth.

Article 15 (3): Special Provisions for Women and Children

• Overview of Article 15(3)
  • Article 15(3) in the Indian Constitution permits the State to create special provisions for women and children.
  • These provisions are intended to address the historical disadvantages and marginalization faced by women and children.
  • The goal is to promote their welfare and advancement in society.
• Reasoning Behind Article 15(3)
  • Women and children have historically faced social and economic challenges leading to their marginalization.
  • Special provisions are necessary to uplift them and ensure their progress.
  • These provisions do not violate the right to equality guaranteed to all citizens.
• Examples of Special Provisions
  • Reservations in educational institutions to enhance access to education for women and children.
  • Employment opportunities specifically designed to benefit women and children.
  • Healthcare facilities focused on addressing the unique needs of women and children.
  • Protection from discrimination and violence to ensure their safety and well-being.

Yusuf Abdul Aziz v. State of Bombay

• Case Background:
  • The case of Yusuf Abdul Aziz v. State of Bombay in 1954 involved an appellant charged with adultery under Section 497 of the Indian Penal Code, 1860.
• Legal Issue:
  • The core question revolved around the compatibility of Section 497 with Articles 14 and 15 of the Indian Constitution.
• Gender Discrimination Argument:
  • An argument arose concerning the gender-specific nature of Section 497, which criminalized only men for adultery and omitted punishment for women as abettors.
  • It was contended that this provision raised concerns about gender discrimination.
• Special Provisions for Women and Article 15(3):
  • Article 15(3) permits the state to enact special provisions for the benefit of women and children.
  • It was highlighted that this clause does not restrict the creation of such provisions and should not be construed as protecting women from criminal liability.
• Appellant's Citizenship Status:
  • The appellant was not an Indian citizen, and it was emphasized that only Indian citizens have the right to invoke fundamental rights under Articles 14 and 15.
  • As a consequence, the appeal was rejected due to the appellant's non-Indian citizenship.

Paramjit Singh v. State of Punjab

• Background:
  • The case of Paramjit Singh v. State of Punjab (2009) involved a challenge to the election of respondent number 5 as Sarpanch.
  • The petitioner, elected as a Panch for a reserved seat for women of Scheduled Castes, contested that the respondent was not eligible to contest for the reserved seat.
• Court's Ruling:
  • The court determined that both men and women from Scheduled Castes could run for the Sarpanch position if it was reserved for Scheduled Castes.
  • The key eligibility criteria were being a Scheduled Caste member and representing the constituency as a Panch.
  • As respondent number 5 met these criteria, her election as Sarpanch was deemed valid.

Special Provision for SEBCs, SCs & STs under Article 15(4)

• Article 15(4) of the Indian Constitution permits the State to enact special measures to uplift socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes.
• These measures aim to address historical disadvantages faced by these communities and can include reservations in education, employment, and political representation.
• The provision of Article 15(4) allows the State to provide preferential treatment without conflicting with the anti-discrimination clauses of Article 15(2) and Article 29(2).
• It ensures that no citizen is discriminated against based on caste, tribe, or economic status when it comes to access to educational institutions or aid provided by the State.
• Special provisions under Article 15(4) are designed to bridge the gap in opportunities and resources that were historically denied to these marginalized groups.
• The inclusion of Article 15(4) came after legal cases like the State Of Madras v. Srimathi Champakam and Jagwant Kaur v. State of Maharashtra highlighted the need to address social and educational disparities without violating the principles of non-discrimination.
• Article 29(2) is referenced in Article 15(4) to further emphasize the prohibition of discrimination in educational institutions based on religion, race, caste, or language.

A. Periakaruppan v. State of Tamil Nadu

• Supreme Court ruling in A. Periakaruppan v. State of Tamil Nadu (1971) emphasized that assigning social and educational backwardness solely based on caste violated Article 15(4) of the Indian Constitution.
• The court highlighted the necessity of reservations to uplift the disadvantaged classes and promote social equality.

Balaji v. State of Mysore

• In the case of Balaji v. State of Mysore (1963), the court concluded that the classification of backward and more backward classes purely on caste grounds was not justifiable under Article 15(4).
• It was established that reservations should not surpass the limit of 50% to maintain a balance between merit-based selections and affirmative action.

State of AP v. USV Balaram

• The case of State of AP v. USV Balaram in 1972 emphasized that belonging to a backward class should not be solely based on one's caste.
• The court ruled that the list of backward classes must be updated automatically when they no longer require special assistance from the state.

State of UP v. Pradeep Tandon

• State of UP v. Pradeep Tandon (1974) addressed the issue of providing reserved seats to students from rural areas.
• The Court ruled that offering reserved seats based solely on rural background was deemed unconstitutional.
• The Court reasoned that poverty in rural areas does not automatically signify educational or social backwardness.
• Reservations, according to the Court, should be exclusively reserved for socially and educationally backward classes.
• It was emphasized that mere economic hardship does not equate to the kind of backwardness that justifies reservations.

Article 15(5) of the Constitution

• Article 15(5) is a provision in the Indian Constitution that allows the government to create special measures for socially and educationally disadvantaged groups like Scheduled Castes, Scheduled Tribes, and other backward classes concerning their admission to educational institutions.
• This clause, added through the Constitution (First Amendment) Act of 1951, empowers the State to make specific provisions for these groups in private educational institutions, whether supported by the government or not.
• It clarifies that Article 15 and sub-clause (g) of Article 19 do not restrict the State from enacting such special measures by law.
• Article 19(1)(g) guarantees citizens the right to pursue any profession or business, subject to reasonable restrictions in the public interest.
• Article 15(5) also exempts minority educational institutions mentioned in Article 30(1), which grants religious or linguistic minorities the right to establish and manage their educational institutions.
• Essentially, this provision enables the State to implement affirmative action or reservations for disadvantaged groups in educational settings to ensure equal opportunities for all.
• The aim of Article 15(5) is to facilitate access to education for marginalized communities and promote equality of opportunity.
• It is important to note that this provision does not apply to minority educational institutions that have the constitutional right to establish and administer their educational establishments.

Article 15(6) of the Constitution

• Article 15(6) permits the state to create specific provisions to uplift economically weaker sections of the population, excluding socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes.
• Under Clause (a) of Article 15(6), the state can enact measures to improve the economic status of individuals falling below a defined income threshold, irrespective of their caste or community.
• Clause (b) of Article 15(6) empowers the state to make arrangements for the admission of economically disadvantaged citizens (excluding those specified in clauses 4 and 5) to educational institutions, including private ones, with a cap of ten percent of total seats in each category.

Janhit Abhiyan v Union of India

• In a ruling on January 16, 2023, the Supreme Court, with a 3-2 majority, supported the 103rd Constitutional Amendment, which introduced reservations for economically weaker sections (EWS).
• With this decision, reservation benefits were extended to individuals solely based on economic backwardness.

Conclusion

• Article 15 of the Indian Constitution: Prohibits discrimination based on religion, race, caste, sex, or place of birth. The judiciary's interpretation of this article has broadened over time, encompassing indirect discrimination and positive discrimination for historically disadvantaged groups.
• Evolution of Article 15: The scope of Article 15 has expanded to include economic backwardness as a criterion for affirmative action under Article 15(6). However, this criterion does not apply to Article 15(4) and (5), which are specifically reserved for socially and educationally backward classes as well as Scheduled Castes and Tribes.
• Role of the Supreme Court: The Supreme Court has clarified that while economic backwardness can be a basis for affirmative action under Article 15(6), it is not applicable under Article 15(4) and (5), which are limited to specific disadvantaged groups.
• Interpretation: The judiciary's evolving interpretation of Article 15 underscores the importance of addressing various forms of discrimination and providing avenues for the upliftment of marginalized communities.