Actual Article
Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
- The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
- 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. - Nothing in this article shall prevent the State from making any special provision for women and children.
- 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.
- 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.
UPSC Notes for Article 15
Explanation:
- Prohibition of Discrimination: Article 15 ensures that the State does not discriminate against any citizen solely on the grounds of religion, race, caste, sex, or place of birth.
- Access to Public Places: Guarantees that no citizen faces discrimination in access to public places like shops, restaurants, hotels, and places of public entertainment, as well as public utilities like wells, tanks, and roads.
- Special Provisions for Women and Children: Allows the State to make special provisions for women and children, recognizing the need for affirmative action to achieve equality.
- Advancement of Backward Classes: Permits the State to make special provisions for the advancement of socially and educationally backward classes, including Scheduled Castes (SCs) and Scheduled Tribes (STs).
Key Points:
- Equality and Non-Discrimination: Reinforces the principle of equality by prohibiting discrimination on specific grounds, ensuring all citizens are treated equally.
- Affirmative Action: Recognizes the necessity of affirmative action to promote social justice and equality for marginalized groups.
- Constitutional Safeguards: Provides constitutional backing for policies and laws aimed at uplifting disadvantaged groups and ensuring their participation in social, economic, and educational spheres.
Important Cases and Commissions Related to Article 15
Cases:
- State of Madras vs. Champakam Dorairajan (1951): Led to the first constitutional amendment, emphasizing the importance of special provisions for backward classes.
- Indra Sawhney vs. Union of India (1992): Affirmed the validity of reservations for OBCs but introduced the concept of the “creamy layer” to exclude the affluent among them.
- Navtej Singh Johar vs. Union of India (2018): Expanded the interpretation of Article 15 by decriminalizing same-sex relationships, reinforcing the principle of non-discrimination.
Commissions:
- National Commission for Backward Classes (1993): Established to evaluate and recommend the inclusion and exclusion of various communities in the list of backward classes, ensuring effective implementation of Article 15.
- Sachar Committee (2006): Examined the social, economic, and educational status of the Muslim community, leading to policy recommendations for their upliftment under Article 15.
Important Reports Related to Article 15
- Mandal Commission Report (1980): Provided a basis for the 27% reservation for OBCs in government jobs and educational institutions, highlighting the significance of Article 15(4).
- Kaka Kalelkar Commission Report (1955): The first commission to examine backward classes, its findings laid the groundwork for future policies under Article 15.
Previous Year Prelims Questions Related to Article 15
- Prelims 2018: Which of the following provisions of the Constitution of India have a bearing on the equality of women?
- Article 15(3)
- Article 39(a)
- Article 39(d)
- Article 42
- Prelims 2020: Consider the following statements:
- Under Article 15, the State can make special provisions for women and children.
- Under Article 15, the State can make special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
- Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
Previous Year Mains Questions Related to Article 15
- Mains 2019: “The reservation policy in India is an affirmative action plan to uplift socially and educationally backward classes of citizens.” Critically analyze this statement in the context of Article 15.
- Mains 2017: Discuss the scope of Article 15 of the Indian Constitution in protecting the rights of citizens against discrimination. How effective have been the policies implemented under this article?
Additional Insights:
- Evolution of Judicial Interpretation: The interpretation of Article 15 has evolved significantly, with courts taking a progressive stance to expand its scope and ensure the protection of marginalized groups.
- Policy Implications: Article 15 has been instrumental in shaping policies and laws that aim to create a more equitable society by addressing historical injustices and promoting inclusive development.
- Intersectionality: Recognizes that discrimination can occur on multiple grounds simultaneously, necessitating a comprehensive approach to achieving true equality.
By understanding Article 15, UPSC aspirants can gain deep insights into the constitutional provisions aimed at prohibiting discrimination and promoting equality. This knowledge is essential for both preliminary and main examinations, providing a thorough understanding of India’s commitment to social justice and equality.