Article 15

Article 15 of the Constitution of India is one of the most vital provisions ensuring social equality and justice. It is enshrined in Part III, which guarantees Fundamental Rights, and specifically aims to prohibit discrimination among citizens on certain identified grounds. Together with Articles 14 and 16, it forms the constitutional foundation for equality and non-discrimination, while also allowing affirmative action to uplift historically disadvantaged groups.

Constitutional Provision

The text of Article 15 reads as follows:

1. Clause (1): The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, or place of birth.
2. Clause (2): No citizen shall, on such grounds, be subjected to any disability, 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 public use.
3. Clause (3): Nothing in this article shall prevent the State from making any special provision for women and children.
4. Clause (4): The State is empowered to make special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes (SCs) and Scheduled Tribes (STs).
5. Clause (5): Added by the 93rd Constitutional Amendment Act, 2005, it allows the State to make special provisions regarding admission of socially and educationally backward classes or SCs and STs to educational institutions, including private institutions (except minority institutions under Article 30).
6. Clause (6): Introduced by the 103rd Constitutional Amendment Act, 2019, it permits the State to make special provisions, including reservation in education and public employment, for economically weaker sections (EWS) of citizens, excluding those already covered under clauses (4) and (5).

These clauses together balance the prohibition of discrimination with the State’s responsibility to achieve substantive equality through affirmative measures.

Essence of Article 15

Article 15 enshrines two complementary principles:

• Prohibition of Discrimination: Prevents the State from discriminating against citizens based solely on religion, race, caste, sex, or place of birth.
• Positive Discrimination (Protective Discrimination): Permits the State to take proactive measures to uplift disadvantaged groups and achieve equality in substance, not merely in form.

This dual approach reflects the Indian Constitution’s commitment to both formal equality (treating everyone alike) and substantive equality (addressing structural disadvantages).

Scope and Application

Article 15 applies exclusively to citizens of India, unlike Article 14 which extends to all persons. It applies to all organs of the State as defined in Article 12, including the government, legislatures, and local authorities. It covers legislative, executive, and administrative actions that may result in discrimination.

Clause-wise Explanation

1. Clause (1): Establishes a general prohibition against discrimination by the State. For example, the government cannot enact laws or policies that provide preferential treatment to citizens based on their religion or caste unless authorised under subsequent clauses.
2. Clause (2): Extends the prohibition to public facilities, ensuring equal access to shops, restaurants, hotels, wells, tanks, and roads. This clause was especially significant at the time of the Constitution’s framing, as it sought to abolish social segregation and caste-based exclusion prevalent in pre-independence India.
3. Clause (3): Enables special provisions for women and children, such as maternity benefits, protective labour laws, and exclusive educational schemes. These are not considered discriminatory but are justified as measures of empowerment and protection.
4. Clause (4): Empowers the State to introduce reservations and welfare schemes for socially and educationally backward classes, including SCs and STs. This clause was added through the First Constitutional Amendment (1951) to protect affirmative action from being struck down as discriminatory.
5. Clause (5): Allows reservation in educational institutions, including private unaided institutions, for backward classes, SCs, and STs. This clause ensures inclusivity in higher education and was introduced to strengthen the legal basis for social justice policies.
6. Clause (6): Expands affirmative action to include economically weaker sections, marking a major shift from caste-based to income-based criteria in certain contexts. This clause allows up to 10% reservation in education and employment for EWS categories.

Judicial Interpretation and Landmark Judgments

Indian courts have played a transformative role in interpreting Article 15, ensuring its adaptability to changing social realities.

• State of Kerala v. N. M. Thomas (1976): The Supreme Court upheld affirmative action in public employment, observing that equality of opportunity does not mean identical treatment but equal access to opportunity.
• Indira Sawhney v. Union of India (1992): The Court upheld reservations for Other Backward Classes (OBCs) under Article 15(4) and clarified that total reservations should not exceed 50%, except in exceptional circumstances.
• Vishaka v. State of Rajasthan (1997): The Court, while addressing sexual harassment at the workplace, reinforced the State’s duty under Article 15(3) to make protective provisions for women.
• M. Nagaraj v. Union of India (2006): The Court upheld the constitutional validity of amendments providing for reservations in promotions but emphasised that the State must justify backwardness and inadequacy of representation through evidence.
• Ashoka Kumar Thakur v. Union of India (2008): The Court upheld reservations in educational institutions under Article 15(5), ruling that such measures did not violate the right to equality.

Significance of Article 15

Article 15 is a cornerstone of the Indian equality code, serving multiple constitutional purposes:

• It prohibits discrimination on certain protected grounds.
• It empowers the State to implement welfare measures for disadvantaged groups.
• It provides a constitutional foundation for reservation policies in education and employment.
• It reinforces India’s commitment to social justice and inclusivity, reflecting the transformative nature of the Constitution.

Relationship with Other Equality Provisions

• Article 14: Ensures general equality before the law.
• Article 16: Guarantees equality of opportunity in public employment.
• Article 17: Abolishes untouchability.
• Article 46: Directs the State to promote educational and economic interests of the weaker sections.

These interconnected provisions collectively strengthen the legal and moral framework of equality and justice in India.

Exceptions and Affirmative Action

Article 15 explicitly allows special provisions for:

• Women and children – to protect and promote their welfare.
• Socially and educationally backward classes, SCs, and STs – to bridge historical and structural inequalities.
• Economically weaker sections – to address income-based deprivation.

Such provisions, far from violating equality, are designed to achieve real and effective equality by compensating for historical disadvantages.

Challenges in Implementation

Despite constitutional guarantees, practical challenges persist:

• Continuing caste-based discrimination and social exclusion in rural and urban settings.
• Gender inequality in employment, wages, and political participation.
• Regional disparities affecting access to education and public services.
• Periodic debates over the extent and duration of reservation policies, raising questions about merit and efficiency.

Effective enforcement, awareness, and periodic policy review remain essential to realise the true spirit of Article 15.

International Context

Article 15 aligns with international human rights instruments such as:

• Article 2 of the Universal Declaration of Human Rights (1948) – guaranteeing equality and freedom from discrimination.
• Articles 2 and 26 of the International Covenant on Civil and Political Rights (ICCPR, 1966) – prohibiting discrimination on various grounds.
• Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, 1979) – promoting gender equality.

These international norms reinforce India’s constitutional vision of equality and non-discrimination.

Constitutional Importance

Article 15 exemplifies India’s transformative constitutionalism, seeking to create a society based on equality, dignity, and justice. It not only forbids discrimination but also mandates positive action to correct historical injustices.