What is Article 15?
Historical Background
Key Points
8 points- 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 be subject to any disability, liability, restriction or condition with regard to access to shops, public restaurants, hotels and places of public entertainment; or 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.
Special provisions can be made for women and children.
- 4.
Special provisions can be made for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
- 5.
The 93rd Constitutional Amendment Act, 2005, added clause (5) to enable the State to make special provisions for the advancement of socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes in 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.
It aims to create a more inclusive and equitable society.
- 7.
It is subject to reasonable restrictions in the interest of public order, morality, and health.
- 8.
Violations of Article 15 can be challenged in the High Courts and the Supreme Court.
Visual Insights
Article 15: Key Clauses
Comparison of different clauses of Article 15 of the Indian Constitution.
| Clause | Description | Exceptions |
|---|---|---|
| Article 15(1) | Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. | None |
| Article 15(3) | Allows special provisions for women and children. | General prohibition of discrimination |
| Article 15(4) | Allows special provisions for socially and educationally backward classes, SCs, and STs. | General prohibition of discrimination |
| Article 15(5) | Allows special provisions for socially and educationally backward classes, SCs, and STs in admission to educational institutions (including private). | Minority educational institutions (Article 30(1)) |
Recent Developments
5 developmentsChallenges to discriminatory practices in various sectors, including employment and education.
Implementation of reservation policies in educational institutions and government jobs.
Supreme Court's interpretation of Article 15 in cases related to affirmative action and social justice.
Debates on the scope of non-discrimination and the need for further legislative measures.
Use of Article 15 to challenge discriminatory laws and policies.