article 15 of indian constitution

Art 15 of the Indian Constitution: A Pillar of Equality

Introduction

The Indian Constitution is the supreme law of the land, ensuring justice, liberty, and equality for all citizens. One of its cornerstone provisions is Article 15, which aims to eliminate discrimination and uphold the fundamental right to equality. It explicitly prohibits discrimination on specific grounds and allows for affirmative action to promote social justice.

Understanding Of Art. 15

Article 15 falls under Part III of the Constitution, which deals with Fundamental Rights. It states:

1. The government shall ensure no citizen faces discrimination based solely on their religion, race, caste, gender, or place of birth
2. No citizen shall, on the aforementioned grounds, be subject to any restriction regarding access to public places such as shops, restaurants, hotels, and places of entertainment or the use of wells, tanks, and bathing ghats.
3. The government has the authority to implement special measures for the welfare of women and children.
4. The State can make special provisions for socially and educationally backward classes (SEBCs), Scheduled Castes (SCs), and Scheduled Tribes (STs) for their advancement.
5. The State can make special arrangements for the advancement of economically weaker sections (EWSs), as added by the 103rd Constitutional Amendment Act, 2019.

Scope and Significance of Article 15

Article 15 ensures social justice and equal opportunities by prohibiting discrimination and enabling the government to take affirmative action. It recognizes that historical injustices and social hierarchies have marginalized certain communities, necessitating measures to uplift them.

1. Prohibition of Discrimination

Article 15(1) and 15(2) ensure that no citizen faces discrimination in public spaces, services, or institutions based on religion, race, caste, sex, or place of birth. This provision reinforces the secular and inclusive nature of India’s democracy.

2. Special Provisions for Women and Children

Article 15(3) acknowledges the vulnerabilities faced by women and children and permits the State to frame policies and laws for their welfare. Examples include reservation for women in educational institutions and workplaces.

3. Upliftment of Backward Classes

Article 15(4) and 15(5) allow the government to introduce reservations in educational institutions for SCs, STs, and OBCs. This provision has led to policies like reservation in government schools, colleges, and universities.

4. Economic Reservation

With the 103rd Amendment, Article 15(6) introduced 10% reservation for Economically Weaker Sections (EWSs) in educational institutions (except minority-run institutions). This ensures that economically disadvantaged individuals, irrespective of caste, get equal opportunities.

Also read :  Preamble-Of-The-Indian-Constitution

Landmark Judgments on Article 15

Several Supreme Court cases have interpreted and strengthened Art 15. Some landmark judgments include:

1. State of Madras v. Champakam Dorairajan (1951)

• 1. This was the first case where reservation in educational institutions was challenged.
  2. The Supreme Court ruled that reservation based solely on caste violates Article 15(1).
  3. This led to the First Constitutional Amendment Act, 1951, which inserted Article 15(4), allowing special provisions for backward classes.

2. M.R. Balaji v. State of Mysore (1963)

• 1. The Supreme Court ruled that excessive reservation (beyond 50%) is unconstitutional.
  2. It emphasized that caste cannot be the sole criterion for determining backwardness.

3. Indra Sawhney v. Union of India (1992)

• 1. Popularly known as the Mandal Commission case, this judgment upheld 27% reservation for OBCs.
  2. The Court reaffirmed the 50% ceiling on total reservations and ruled that economic criteria alone cannot determine backwardness.

4. Ashoka Kumar Thakur v. Union of India (2008)

• 1. The Supreme Court upheld 27% OBC reservation in educational institutions under Article 15(5).
  2. It rejected the inclusion of creamy layer OBCs in reservations.

5. Janhit Abhiyan v. Union of India (2022)

• 1. This case upheld the 10% reservation for EWS under Article 15(6).
  2. The Supreme Court ruled that EWS reservation does not violate the 50% reservation cap since it is distinct from caste-based reservations.

Criticism and Challenges

Despite its noble intentions, Article 15 has faced criticism and challenges:

1. Reservation vs. Meritocracy: Critics argue that excessive reservations compromise merit-based selection.
2. Caste-Based Divisions: Some believe that reservations reinforce caste identities rather than eliminate them.
3. Economic vs. Social Backwardness: While caste-based reservations dominate, economic disadvantage has only recently gained recognition through the EWS quota.
4. Judicial Interpretations: The judiciary’s stance on reservation limits and creamy layer exclusions remains a topic of debate.

Conclusion

Article 15 is a crucial constitutional provision that upholds equality and social justice. While it prohibits discrimination, it also empowers the State to take affirmative action for marginalized groups. Landmark judgments have shaped its interpretation, balancing individual rights with collective social upliftment. However, ongoing debates highlight the need for periodic review and refinement to ensure that reservations serve their intended purpose without compromising overall societal progress. – art 15

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