Constitution of India

Part III

Fundamental Rights

Right to Equality

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.

Explanation.

For the purposes of this article and article 16, "economically weaker sections" shall be such as may be notified by the State from time to time on the basis of family income and other indicators of economic disadvantage.

Explanation/Comment -

The terms "discrimination" which refers to "making an unfavourable distinction with regard to" or "distinguishing unfavourably from others" and "only" which suggests that discrimination on other grounds is not forbidden, are both crucial in the context of clause 1 of Article 15.

Article 15 of the Constitution prohibits the discrimination based on a person's birthplace, race, caste, religion, or sexual orientation. Any citizen who wishes to enter a store, a public restaurant, a hotel, or a place of public entertainment is not subject to any limitations, obligations, restrictions, or requirements. The same applies to the use of wells, tanks, bathing ghats, roads, or public resorts that are either entirely or partially supported by state funds or intended for use by the general public. The State may make any necessary special provisions for women and children without being restricted by anything in this article.

As "The State should take special care to advance the educational and economic interests of the weaker segments of the population and safeguard them from social injustice, according to article 46 (Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections), which establishes it as a guiding principle of State policy". "In order to prevent any particular measures the State may take to advance any disadvantaged class of citizens in their education, economy, or social standing from being contested on the basis of discrimination", appended and highlighted the Constitution (First Amendment) Bill, 1951. Accordingly, the Constitution (First Amendment) Act, 1951, was enacted which, along with other provisions, added clause 4 to Article 15, accordingly, the State may make any specific provisions for the advancement of any socially and educationally disadvantaged classes of citizens, as well as for the Scheduled Castes and the Scheduled Tribes, without being prohibited by this Article (Article 15) or Article 29 clause 2 (No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them).

As "The State should take special care to advance the educational and economic interests of the weaker segments of the population and safeguard them from social injustice, according to article 46 (Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections), which establishes it as a guiding principle of State policy". To encourage the admission of students from socially and educationally disadvantaged groups, as well as from Scheduled Castes and Scheduled Tribes, into unaided educational institutions — other than the minority educational institutions mentioned in the Constitution of India Article 30 clause 1 (All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice) — in order to advance their educational opportunities. To achieve the above objects, the Constitution (Ninety-third Amendment) Act, 2005, was enacted which added clause 5 to Article 15 with effect from 20th January, 2006. Accordinly, "nothing in this Article (Article 15) or article 19 clause (1) sub-clause (g) (to practise any profession, or to carry on any occupation, trade or business) prohibits the State from passing special legislation for the advancement of any socially and educationally disadvantaged classes of citizens, including the Scheduled Castes and Scheduled Tribes, insofar as such legislation relates to their admission to educational institutions, including private educational institutions, whether funded by the State or not, other than the minority educational institutions referred to in clause (1) of article 30.

Further, the Constitution (One Hundred and Third Amendment) Act, 2019 added, along with other provisions, clause 6 in Article 15, accordinly, According to family income and other indices of economic disadvantage, "economically weaker sections" shall be those that the State may from time to time notify, and nothing in this article or in sub-clause (g) of clause (1) of article 19 or in clause (2) of article 29 shall prohibits the State from passing any special legislation or making any special provision for the advancement of such economic weaker section of citizen other then the classes already mentioned in the Clause 4 and 5 of the Article 15 and passing any special legislation or making any special provision for the advancement of such economic weaker section of citizen other then the classes already mentioned in the Clause 4 and 5 of the Article 15 insofar as such legislation relates to their admission to educational institutions, including private educational institutions, whether funded by the State or not, other than the minority educational institutions referred to in clause (1) of article 30.