Article 15: Full Summary with Important cases

Date: 20 May, 2020
By: Pradeep Yadav
​This is one of the most important articles of the Indian Constitution. This article is talking about stopping all forms of discrimination in this country so that the real meaning of the equality can be established in the society.
This article is having 6 clauses in it. The first 2 clauses talks about the general form of discrimination which are stopped once this article came into force. The remaining 4 clauses are exceptions of clause 1 and 2 of Article 15. 

Article 15 in the Constitution: Bare Meaning

Article 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 –
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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 general public.

3.Nothing in this article shall prevent the State from making any special provision for women and children.

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.

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 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.

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 reservations and subject to a maximum of 10 percent. Of the total seats in each category.
 

Watch Article 15: Clause 1, 2 and 3 video


* Article 15 Clause 4,5 and 6 video is given down below

Understanding Article 15 (1): No discrimination on 5 Grounds

This clause says that the state should not discriminate only on the basis of these 5 things:
  1. Religion
  2. Race
  3. Caste
  4. Sex
  5. Place of Birth
​It is important to focus on the word “Only” in the clause 1. This word means that if the discrimination is only on the basis of these 5 points then it will be void. But if the discrimination is on the basis of some of other point like Poverty clubbed with one of these 5 points then it will be held as a valid form of discrimination. One of the important points to remember under this clause is that the prohibition is against the state and not against any private individuals. This clause is used to give horizontal reservations like reservations for visually impaired people. 
​In the case of D.P. Joshi and State of Madhya Pradesh, AIR 1955, The Supreme Court has made it clear that the place of birth and place of residence are two different things and states are allowed to differentiate on the basis of place of residence. In this case, the resident of the state were allowed exemption from paying the capitation fee. But the non-residents were asked to pay capitation fee for admission in the medical college. This was held valid by the Supreme Court. 
Article 15, Constitution of India,
Article 15 ensures a discrimination free society in India

Understanding Article 15 (2): Access to Public Places  

​This clause says that no citizen should be facing any disability based on the 5 factors given in the clause 1 like Race, religion, caste, sex and place of birth. This is a clause which gives access to shops, public restaurants, hotels and places of public entertainment to all. This clause also makes wells, tanks, bathing Ghats, roads and places of public resort accessible for every citizen. This clause is applied not only on state but also against the individuals. It is helpful to fight the deep and pervasive discrimination happening in the Indian Societies. 

Understanding Article 15 (3): Special Provision for Women and Children

​This clause is an exception to the clause 1 and 2.  This clause is giving special preference to Women and Children. This clause is a type of Positive discrimination which is needed in the society. This clause says that nothing in this Article can stop the state from giving special preference to the Women and Children. 
​In Revathi v. Union of India, AIR 1998 case, the court held that the word ‘for’ which is given under this clause means that states can give special preference in favor of the Women and Children and not against them. 
​This clause is used in much legislation in India. One of the examples is Section 125 of Criminal Procedure Code, 1973, this section is asking husbands to give maintenance to their wife and not vice versa. This is a form of positive discrimination in the society. 

Watch Article 15: Clause 4, 5 and 6 Full Video

Understanding Article 15 (4): Special Provisions for Backward Classes

​This is the second exception of clause 1 and 2 of Article 15. This clause was not the part of the original Constitution. This clause was included through the 1st Constitutional Amendment.  This clause is making special provision for the advancement of any socially and educationally backward classes of citizens (SEBCs), Schedule Caste (SC) and Schedule Tribes (STs).
​This clause was added in the constitution by the first Constitutional Amendment. There was a need to bring this clause because in the case of State of Madras v. Champakam Dorairajan the Madras Government had reserved seats in Medical and Engineering colleges. The seats were reserved on the basis of religion, race and caste. This law was held as void by the Supreme Court on the basis of violation of Article 15(1). 
​After this case, the first Constitutional Amendment Act, 1951 was passed by the Parliament. This Act added clause 4 in the Article 15. It gave the power to government to make special provisions for the advancement of SEBCs, STs, and SCs. So using this clause States can give scholarships, reserve seats in the legislature and give many types of special benefits for the SEBCs, STs, and SCs. 
​This clause 4 is an enabling provision which means that States are not bound to give special provisions to various backward classes of this nation. 

Important cases related to Article 15(4)

​Balaji v. State of Mysore, AIR 1963, In this case the government of Mysore set up a reservation of 68% of the total seats in Engineering and Medical colleges. These seats were reserved in the favour of SEBCs, STs and SCs. In this case the court said that this order is a fraud upon the constitution of India as the limit of reservation should not be more than 50% of the total seats. The court also said that the backwardness must be both Social and Economical. It can’t be either social or economical alone. 
​Chitralekha v. State of Mysore, AIR 1964, In this case the government of Mysore gave special provisions to SEBC community which was based on their income and poverty. This was challenged in the court because caste wasn’t taken into consideration. The court gave its verdict saying that identification of backward classes on the basis of occupation without reference to caste is not bad in law. 
​Valsamma Paul v. Cochin University, AIR 1996, in this case a forward caste lady married a backward caste man and got appointed as a lecturer on a reserved seat for backward caste. The Supreme Court quashed her appointment and said that this can’t be applied for inter-caste marriages. So this voluntary mobility between different castes is like a fraud with the constitution. 

Understanding Article 15(5): Reservation in Educational institutions

​This is the 3rd Exception of Article 15. This exception was added as a 93rd Constitutional Amendment. This clause was added as a result of a Judgment of PA Inamdar and Ors. V. State of Maharashtra and Ors. In this judgment the court said that different states cannot impose its reservation policy on minority and non minority unaided private college, including professional colleges. 
​So in order to nullify this judgment the government brought 93rd Constitutional amendment which added clause 5 in Article 15. After this amendment the states have the right to give special provisions for SEBCs, SCs, and STs for admission in various aided and unaided private educational institutions. This clause doesn’t include minority educational institutions. 
​This clause also made it compulsory to give these benefits to various communities through law and not by an executive action. After this judgment parliament enacted the Central Educational Institutions (Reservation in admission) Act, 2006 giving reservations in central higher educational institutions for different communities. The validity of this act and 93rd Constitutional Amendment was challenged in Ashok Kumar Thakur v. Union of India (2008). In this case, the Supreme Court upheld the Amendment as well as the Act. 

Most important case related to Article 15(5)

​Ashok Kumar Thakur v. Union of India, 2008, in this case the 93rd Constitutional amendment and the Central Educational Institutions (Reservation in admission) Act, 2006 was challenged which gave 27% reservation for OBCs. There were a lot of questions answered by the court in this case. The court clearly said in this case that:
  1.  There is no violation of basic structure of the constitution in the 93rd amendment as well as the reservation act.
  2. The exclusion of minority educational institution is valid as they are a separate class.
  3. The Article 15(4) and Article 15 (5) both act in different spheres. They are not mutually contradictory to each other.
  4. The 93rd Constitutional Amendment isn’t affecting the executive power of the State. So there is no need to follow the procedure of Article 368(2).
  5. The creamy layer provision should not apply to SC and ST.
  6. The creamy layer will be excluded for reservation as per Indira Sawhney Judgment.
  7. The act won’t be invalid due to no time limit given for its operation and periodical review.  

Understanding Article 15(6):  Special Provisions for EWS category

This provision was added by 103rd Constitutional amendment Act, 2019. This is the latest exception which is added as a clause 6 of Article 15. This clause is giving special provisions for the Economic Weaker Section (EWS).

The part A of this section is giving special provision for EWS other than SEBCs, STs and SCs.
The part B of this section is giving special provision for EWS other than SEBCs, STs and SCs related to admission in educational institutions including private institutions whether aided or unaided by the state. This will not include minority educational institutions.  
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When reservations are given then the special provision for EWS will be a addition to the reservation and it will not be more than 10% of the total seats. 

Other Important Articles to read

1. Fundamental Rights

2. Article 12

3. Article 13

4. Article 14 

​5. Article 17

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