#M. LAXMIKANTH #UPSC #INDIAN POLITY ARTICLE 15

1. CHAPTER7. FUNDAMENTAL RIGHTS Prohibition of Discrimination
on Certain Grounds

2. Prohibition of Discrimination on Certain Grounds
Article 15 provides that the State shall not discriminate against any citizen on
grounds only of religion, race, caste, sex or place of birth.
The two crucial words in this provision are ‘discrimination’ and ‘only’.
The word ‘discrimination’ means ‘to make an adverse distinction with regard
to’ or ‘to distinguish unfavourably from others’.
The use of the word ‘only’ defines that discrimination on other grounds is not
prohibited.

3. Prohibition of Discrimination on Certain Grounds
The second provision of Article 15 says that no citizen shall be subjected to any
disability, liability, restriction or condition on grounds only of religion, race,
caste, sex, or place of birth with regard to:-
(a) Access to shops, Public Restaurants, Hotels and Places of Public
Entertainment; or
(b) The use of Wells, Tanks, Bathing Ghats, Road and Places of Public Resort
maintained wholly or partly by State funds or dedicated to the use of general
public.
This provision prohibits discrimination both by the State and private individuals,
while the former provision prohibits discrimination only by the State.

4. Exceptions to Prohibition of Discrimination on Certain Grounds
There are four exceptions to this general rule of non-discrimination:
(a)The state is permitted to make any special provision for Women and Children.
For example, reservation of seats for women in local bodies or provision of free
education for children.
(b)The state is permitted to make any special provision for the advancement of
any Socially and Educationally Backward classes of citizens or for the Scheduled
Castes and Scheduled Tribes.
For example, reservation of seats or fee concessions in public educational
institutions.

5. Exceptions to Prohibition of Discrimination on Certain Grounds
(c) Regarding their admission to Educational Institutions including private
educational institutions, whether aided or unaided by the state, except the Minority
Educational Institutions.
(d) Provision for the reservation of up to 10% of seats for any Economically
Weaker Sections of citizens in admission to educational institutions including
private educational institutions, whether aided or unaided by the state, except the
Minority Educational Institutions.
This reservation of upto 10% would be in addition to the existing reservations.
For this purpose, the Economically Weaker Sections would be notified by the state
from time to time on the basis of Family Income and other Indicators of Economic
Disadvantage.

6. Reservation for OBCs in Educational Institutions
 The Centre enacted the Central Educational Institutions (Reservation in
Admission) Act, 2006, providing a quota of 27% for candidates belonging to
the Other Backward Classes (OBCs) in all central higher educational
institutions.
In April 2008, the Supreme Court upheld the validity of both, the 93rd
Amendment Act of 2005 and the OBC Quota Act.
 The Court directed the Central Government to Exclude the ‘Creamy Layer’
(Advanced Sections) among the OBCs while implementing the law.

7. Creamy Layer Among OBCs
The children of the following different categories of people belong to ‘creamy
layer’ among OBCs and thus will not get the quota benefit :
1. Persons holding Constitutional Posts like President, Vice- President, Judges
of SC and HCs, Chairman and Members of UPSC and SPSCs, CEC, CAG
and so on.
2. Group ‘A’ / Class I and Group ‘B’ / Class II Officers of the All India, Central
and State Services; and Employees holding equivalent posts in PSUs, Banks,
Insurance Organisations, Universities etc and also in private employment.

8. Creamy Layer Among OBCs
3. Persons who are in the rank of Colonel and Above in the Army and
Equivalent posts in the Navy, the Air Force and the Paramilitary Forces.
4. Professionals like Doctors, Lawyers, Engineers, Artists, Authors,
Consultants and so on.
5. Persons engaged in Trade, Business and Industry.
6. People holding Agricultural Land above a certain limit and Vacant Land
or Buildings in Urban Areas.
7. Persons having Gross Annual Income of more than ₹8 lakh or Possessing
wealth above the exemption limit.
In 1993, when the “creamy layer” ceiling was introduced, it was ₹1 lakh. It was
subsequently revised to ₹2.5 lakh in 2004, ₹4.5 lakh in 2008, ₹6 lakh in 2013
and ₹8 lakh in 2017.

9. Reservation for EWSs in Educational Institutions
 The Central government issued an order (in 2019) providing 10%
reservation to the Economically Weaker Sections (EWSs) in admission to
Educational Institutions by giving effect to the 103rd Amendment Act of
2019.
 The benefit of this reservation can be availed by the persons belonging to
EWSs who are not covered under any of the existing schemes of
reservations for SCs, STs and OBCs.

10. Eligibility Criteria for reservation to EWSs
The Eligibility Criteria laid down in this regard is as follows:-
 Persons whose family has Gross Annual Income below ₹8 lakh are to be
identified as EWSs for the benefit of reservation.
 The income would include income from All Sources i.e., Salary, Agriculture,
Business, Profession etc.
 It would be Income for the financial year prior to the year of application.

11. Exclusion from EWSs
Persons whose family owns or possesses any one of the following assets are
to be excluded from being identified as EWSs, irrespective of the family
income:
(a) 5 acres of Agricultural land and above.
(b) Residential flat of 1000 sq.ft. and above.
(c) Residential plot of 100 sq.yards and above in notified municipalities.
(d) Residential plot of 200 sq.yards and above in areas other than the notified
municipalities.

12. Reservation for EWSs in Educational Institutions
 The Property held by a family in different locations or different places
/ cities would be clubbed while applying the Land or Property Holding
Test to determine EWS status.
 Family for this purpose would include the Person who seeks benefit of
reservation, his/her parents and siblings below the age of 18 years as
also his/ her spouse and children below the age of 18 years.

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