Article 15 of Indian Constitution, Interpretation, Significance

Article 15 comes under Part III of the Constitution of India. The article talks about prohibiting discrimination on the grounds of religion, race, caste, sex and the place of birth and guarantees all citizens equal access to public places like shops, hotels, restaurants, entertainment venues, roads and water facilities. In this article, we are going to cover all about Article 15 of the Indian constitution along with its interpretation and its significance. 

Article 15 of the Constitution of India

The Constitution of India states the following about 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.

Note: “The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders” 

Article 15 of Indian Constitution Interpretation

Article 15 of the Constitution of India frames an important part of fundamental rights. It provides protection against discrimination and promotes inclusivity in public life. The article restrains the state from exercising any power to discriminate. It provides protection in access to public spaces and services, ensuring commitment to equality and social justice. 

• Article 15(1) of the Constitution of India does not allow the state to discriminate against any citizen on the basis of religion, race, caste, sex and place of birth. 
• Article 15(2) of the Indian Constitution covers public spaces, making sure that no citizens are denied access to shops, restaurants, public roads, wells, tanks and other places funded and maintained by the state. 
• Article 15(3): Gives Power to the State to make special provisions for women and children, in order to support their welfare.
• Article 15(4) (First Amendment, 1951): Allows the State to make special provisions for the socially and educationally backward classes, including Scheduled Castes (SCs) and Scheduled Tribes (STs).
• Article 15(5) (93rd Amendment): Provides reservations for SCs, STs, and OBCs in educational institutions, including private (non-minority) institutions.
• Article 15(6) (103rd Amendment): Introduces 10% reservation for EWS in education and public employment, broadening affirmative action beyond caste to economic disadvantage.

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Article 15 of the Indian Constitution Significance

Article 15 of the Constitution of India is important due to the following reasons: 

• Maintains Equality: Guarantees that no individual is subjected to discrimination in public life based on identity factors.
• Emphasises on Social Justice: Enables the State to take affirmative measures to uplift historically marginalized and disadvantaged communities.
• Safeguards Fundamental Rights: Provides the right of every citizen to access opportunities and resources without systemic or institutional bias.

Article 15 of the Constitution of India Landmark Cases

Article 15 of the Constitution of India has been a part of important judiciary cases: 

1. State of Madras v. Champakam Dorairajan (1951)
   • Caste-based reservations in educational institutions were invalidated under Article 15(1), leading to the First Constitutional Amendment introducing Article 15(4).
2. Indra Sawhney v. Union of India (1992)
   • Upheld 27% OBC reservation; introduced the concept of the ‘creamy layer’ to exclude affluent OBCs from reservation benefits.

3. Ashoka Kumar Thakur v. Union of India (2008)
   • Validated OBC reservations in private educational institutions under Article 15(5).

4. Janhit Abhiyan v. Union of India (2022)
   • Upheld the 103rd Constitutional Amendment allowing EWS reservations, stating it does not violate the basic structure of the Constitution.