What Is Constitution Of India Article 15?

Constitution Of India Article 15: Prohibition Of Discrimination On Grounds Of Religion, Race, Caste, Sex, Or Place Of Birth

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.
• {1}(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.
• {2}(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.
• {3}(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 for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) 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, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten per cent. of the total seats in each category.

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.

NOTE

1. {1}Added by the Constitution (First Amendment) Act, 1951, s. 2 (w.e.f. 18-6-1951).
2. {2}Inserted by the Constitution (Ninety-third Amendment) Act, 2005, s. 2 (w.e.f. 20-1-2006).
3. {3}Inserted by the Constitution (One Hundred and Third Amendment) Act, 2019, s. 2 (w.e.f. 14-1-2019).

Brief Detail

Article 15 prohibits discrimination by the State against any citizen on grounds of religion, race, caste, sex, or place of birth. However, it allows the State to make special provisions for the advancement of socially and educationally backward classes, Scheduled Castes, Scheduled Tribes, women, children, and economically weaker sections.

Question

Q1: What does Article 15 prohibit?

A1: Article 15 prohibits the State from discriminating against any citizen on grounds of religion, race, caste, sex, place of birth, or any of them.

Q2: Can special provisions be made under Article 15?

A2: Yes, Article 15 allows the State to make special provisions for the advancement of women, children, socially and educationally backward classes, Scheduled Castes, Scheduled Tribes, and economically weaker sections.

Example

Example 1: Reservation policies for Scheduled Castes, Scheduled Tribes, and Other Backward Classes in educational institutions are enacted under the provisions of Article 15.

Example 2: Special provisions for women's safety and education can also be implemented under Article 15.

Summary

Article 15 ensures that the State cannot discriminate on specific grounds while allowing special provisions for certain groups to promote equality and social justice.