Article 15 of the Indian Constitution prohibits discrimination on grounds of religion, race, caste, sex or place of birth. It aims to remove disabilities and create opportunities. Article 15(1) prohibits the state from discriminating against any citizen on these grounds. Article 15(2) prohibits discrimination in access to public places. Article 15(3) allows for special provisions for women and children. Article 15(4) allows for affirmative action for socially and educationally backward classes. Article 15(5) allows the state to make provisions for admission to educational institutions. Article 15(6), added in 2019, provides for 10% reservation for economically weaker sections.

1. Article - 15
PROHIBITION OF DISCRIMINATION ON GROUNDS OF
RELIGION, RACE, CASTE, SEX OR PLACE OF BIRTH
SHASHWATA SAHU

2. Relationship between Article - 14, 15 & 16
QUALITY = (-) + (+)
ARTICLE - 14
ARTICLE - 15
ARTICLE - 16
RIGHT TO EQUALITY
(ARTICLE 14 to 18)
Remove
Disability +
Create
Opportunity

3. Article 15 is the weapon that breaks the barriers
of the upper caste and lower caste
Let us know what is Article - 15 &
Why is it important for the largest democracy in the world ?
(India)
RELIGION
RACE
CASTE
SEX
PLACE OF
BIRTH

4. ARTICLE - 15 (1)
No discrimination against citizens
Article 15(1) prohibits the state from discriminating any citizen on the basis of these following 5 categories:
1.Religion –
No person can be discriminated against on the basis of religion in order to access any
public place etc…
2.Race –
Any person’s origin shouldn’t be a basis of discrimination.
3.Caste –
Mainly discrimination on the basis of caste is prohibited. This prevents the crimes
committed against lower castes.
4.Sex –
Gender of any particular individual can’t be a basis in order to discriminate.
5.Place of Birth –
Any person's place of birth can’t be taken into consideration and discriminate against them.
Any of the above.

5. DISCRIMINATION - difference in treatment or unfavorable
distinction
POSITIVE DISCRIMINATION - favourable distinction
In Article -15(1) the prohibition is against the State but
not against private persons.
D.P. Joshi v. State of Madhya Pradesh (1955)
● Place of birth and Place of residence both are not the
same.
● Therefore, they should not be taken in the same sense.
(Birthplace is the location where a person was born while
Residence is the place where one lives)

6. Article - 15 (2)
No discrimination as to use or access to public places
Article 15(2) lays down that no individual shall be subjected to any disability, restriction, or any other form
of discrimination with regard to:
In access to shops, parks, restaurants, hotels or any other public place. Each and every individual has the
right to use wells, tanks, bathing Ghats, roads, visit public resorts and any other place which are
maintained by government authority for the general public.
Article 15(2) applies to every individual which includes private actions while Article 15(1) alludes to all the
obligations done by the State only.
Nainsukhdas v. State of Uttar Pradesh (1953)
● Article - 15(2) was invoked in this case
● The State shall not discriminate any individual
● Article - 15
(3),(4)&(5)
create
exceptions to
Article-15
(1)&(2)

7. Article - 15 (3)
Special provisions for women and Children
● Nothing in this article shall prevent the state from making any special provision for women and children.
● Exception to Clause (1) & (2)
● Under this article, the court had upheld the validity of legislation or executive orders discriminating in
favour of women.
● The main question which has been raised under this Article is whether section 497 of IPC contradicts the
provisions stated in Art 14 and Art 15(3)?
Yusuf Abdul Aziz v. State of Bombay (1954)
● Sec.497- men can commit the crime of adultery
& punished for the same.
● Women shall not be punished as an abettor, as
this would offend Article 14 & 15(3).

8. Joseph shine v. Union of india (2018)
● Adultery was decriminalized since it was violating Article
14, 15 & 21 of the Indian Constitution.
● Hence, it is no longer treated as a crime, rather it can
only act as a reason for divorce.
Example of special law under
Art.15(3)
Parliament Reservation for Women
Special sitting arrangement
Child Labour (Prohibition &
Regulation Act), 1980

9. Article - 15 (4)
Advancement of Backward Classes
● Added by the 1st Amendment Act of the Constitution, 1951.
● This article permits the State to make special provision for
the advancement of -
Socially & Educationally backward classes of citizens
(Art.342A)
Schedule Castes (Art.341)
Schedule Tribes (Art.342)
State of Madras v. Champakam Dorairajan (1951)
● This case led to the insertion of Art.15(4) in COI.
● 1st major judgement deal with Reservation in India.
● Only on the basis of religion & caste you would not give
reservation to communal line.

10. M.R. Balaji v. State of Mysore (1963)
Merit
Pool
32 %
Reservation
68 %
● After Art.15(4) came in force, Mysore release a
Govt. order that, all Medical & Engineering Colleges
have reservation.
Backward Class - 28%
More Backward Class - 22%
Schedule Caste - 15%
Schedule Tibes - 3%
● SC strike out this Govt. order & said -
For determination of backward classes
1. Backwardness must be both Social & Educational
2. Caste cannot be sole dominant test
3. Reservation should be less than 50%
4. Further categorisation is not valid
Positive Discrimination should be the basis of
advancement of society at large.

11. ● Art.15(4) is an enabling provision. It mearly confers discretion
on the State to make special provisions.
● It does not impose any obligation on the State to take any action
under it.
● It doesn't confer any right on these classes to compel the State
to make such provision.
Indra Sawhney v. Union of India (1993) Mandal Commission Case
● Caste can be an important or even sole factor in determining the
social backwardness and that poverty alone cannot be such a
criterion.

12. Article - 15 (5)
Special provision relating to admission to educational
institutions
● Under this article the State is empowered to make
provisions which help in upliftment of SEBC or SCs or STs.
● Under this article the State is empowered to make
provisions which includes Educational Institutes whether
aidded or unadded by the State, irrespective of the minority
educational institutes which are referred to in Article-
30(1).
● Introduced by 93rd Amendment Act, 2005

13. PRAMATI EDUCATIONAL & cultural trust v. UOI
(2014)
● The main concept of Art.15(5) was invoked in this case.
●ISSUE - Whether insertion of Art.15(5) by the Constitution under 93rd Amendment has
altered the basic framework of the Constitution or not ?
● JUDGEMENT - No rights were being harmed or violated under Article - 14, 19(1)g &
21 of COI.
Inserting Art.15(4) under 93rd amendment acted as an ENABLING SECTION & hence it is
clearly held to be valid
Similar Case - TMA Pai Foundation v. State of Karnataka (2002)
Right to establish & running educational institutions is an occupation within the
meaning of Art.19(1)g.
Ashok Kumar Thakur v. Union of India (2008)
P. A. INAMDAR v. STATE OF MAHARASHTRA (2005) -
In Unaided / Private Institution, State have no control, they can take admission in
their own interest.

14. Article - 15 (6) { EWS}
● Added by 103rd Amendment Act, 2019
● This article empowers the state to make provisions for the
advancement of “Economically Weaker Sections” of the society, which
would even include Reservation in educational institutes.
● This article further states that, 10 % of the Reservation has to
be provided for EWS.
● This 10 % of Reservation is independent of ceilings upon the
already existing reservations.

15. ● More than 20 petitions have been received by SC challenging this
Amendment.
● It was argued that, Art.15(6) violates Art.14 of COI. &
This amendment exceeds 50% ceiling limit which was laid down in Indra
Sawhney Case.
SC Stated -
● State have an authority to make laws which promoted “Social Equality” &
protect the welfare of weaker sections of society under Article-46
(Promotion of Educational & Economic intrests of SCs, STs & other weaker
sections) of COI.
● “Economic Criteria” is one of the relevant factors which identifies
Social & Educational Backwardness.
● 50% of ceiling limit which was drafted from the Indra Sawhney case would
not apply for Article -15(6).
● Till now this tussle is going on...

16. Question Hour
1. How many articles come under
Right to Equality ?
(a)2
(b)3
(c)5
(d)4
2. Fundamental Right conferred by
Article -15(1) of our Constitution
is available to -
(a)Any Person
(b)Any Citizen of India
(c)Any Corporation
(d)None

17. Question hour
3. Article - 15(1) is the
prohibition against -
(a)State
(b)Private Persons
(c)Citizens
(d)Corporation
4. The State can make any special
provision for Women and Children
under which Article ?
(a)Article -15(2)
(b)Article -16(2)
(c)Article -15(3)
(d)Article -16(3)

18. Question Hour
5. Article -15(4) permits the State
to make special provision for the
advancement of -
(a)SEBC
(b)SCs
(c)STs
(d)All of the above
6. In which case for the first time
the SC declared Reservation
exceeding 50% in a single year
would be Unconstitutional & Invalid
(a)T. Devadasan v. UOI
(b)Indra Sawhney v. UOI
(c)M.R. Balaji v. State of Mysore
(d)State of Madras v. Champakam
Dorairajan

19. Question Hour
7. Article -15(5) is added by which
Amendment Act ?
(a)1st
(b)93rd
(c)84th
(d)103rd
8. Article -15(6) is added by which
Amendment Act ?
(a)85th
(b)93rd
(c)102nd
(d)103rd

20. Question Hour
9. Pramati Educational & Cultural
Trust v UOI (2014) is a Case
related to which Clause of Article-
15
(a)Article -15(2)
(b)Article -15(3)
(c)Article -15(5)
(d)Article -15(6)
10. Which Article of our
Constitution states that 10%
Reservation has to be provided for
EWS people ?
(a)Article -17
(b)Article -16(2)
(c)Article -15(6)
(d)None

21. Answers
1. c
2. b
3. a
4. c
5. d
6. c
7. b
8. d
9. c
10. c

22. Thank you !
SHASHWATA SAHU, LL.M.
KIIT School of Law,
Bhubaneswar