Article 15 of the Indian Constitution

Article 15 states that the State shall not discriminate against any citizen on the grounds of religion, race, caste, sex, or place of birth. This prov

Article 15 of the Indian Constitution – Prohibition of Discrimination

Introduction

The Indian Constitution guarantees equality to all its citizens, and Article 15 plays a pivotal role in ensuring this ideal by prohibiting discrimination on specific grounds. It is a part of the broader framework of Fundamental Rights enshrined in Part III of the Constitution and works in tandem with Article 14, which ensures equality before the law. Article 15 focuses on eliminating discrimination based on religion, race, caste, sex, or place of birth, thus promoting inclusivity and justice in Indian society.

Full Text of Article 15 (As it appears in the Constitution)

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 the 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 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.

(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.

Understanding Article 15

Article 15 states that the State shall not discriminate against any citizen on the grounds of religion, race, caste, sex, or place of birth. This provision seeks to create an egalitarian society where every individual is treated equally, regardless of their background. Moreover, the Article extends its protective umbrella by ensuring that no citizen is subjected to restrictions or liabilities in matters related to access to public places such as shops, restaurants, hotels, or public spaces like wells, roads, tanks, and bathing ghats that are maintained wholly or partially out of State funds or meant for public use.

Special Provisions for Equity

While Article 15 broadly prohibits discrimination, it also recognizes the need for positive discrimination or affirmative action to support historically marginalized groups. Therefore, it empowers the State to make special provisions for the advancement of women and children, acknowledging the systemic disadvantages they often face. Similarly, Article 15 allows the State to support socially and educationally backward classes, as well as Scheduled Castes (SCs) and Scheduled Tribes (STs), by implementing targeted schemes and reservations in education and public employment.

The scope of Article 15 was further expanded through the 93rd and 103rd Constitutional Amendments. The 93rd Amendment introduced a provision allowing reservations in private educational institutions (excluding minority-run institutions) for SCs, STs, and OBCs. The 103rd Amendment added Clause (6), enabling the State to provide up to 10% reservation for Economically Weaker Sections (EWS) in both government and private educational institutions. This move marked a significant shift by recognizing economic disadvantage as a ground for affirmative action.

Judicial Interpretation and Landmark Cases

The judiciary has played a crucial role in interpreting Article 15 and ensuring its proper application. One of the earliest cases, State of Madras v. Champakam Dorairajan (1951), led to the First Constitutional Amendment. In this case, the Supreme Court ruled against communal reservations, stating they violated Article 15(1). To override this judgment, Clause (4) was introduced, allowing special provisions for backward classes.

Another significant judgment came in the Indra Sawhney Case (1992), where the Court upheld the principle of reservations but introduced the concept of the "creamy layer", excluding the affluent among the OBCs from availing the benefits of affirmative action. More recently, in Janhit Abhiyan v. Union of India (2022), the Supreme Court upheld the constitutional validity of the 10% EWS reservation under Article 15(6), solidifying economic status as a criterion for reservation.

Conclusion

Article 15 is one of the most progressive provisions of the Indian Constitution, embodying the vision of a just and equal society. While it firmly prohibits discrimination based on narrow social divisions, it also embraces the principle of equity by allowing special provisions for those who have been historically marginalized or economically disadvantaged. In doing so, Article 15 balances formal equality with substantive equality, ensuring that India’s democratic framework remains inclusive and fair for all citizens.