Article 15: Full Summary with Important cases
Date: 20 May, 2020
By: Pradeep Yadav
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.
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 –
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.
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 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.