The Constitution of India was drafted to safeguard the citizens, their rights, fundamentals, dignity, and pride. Article 15 of the Constitution of India deals with the ‘Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth’. The word ‘discrimination’ means to make a distinction or to distinguish unfavorably from others. If any law makes discrimination on any of the grounds of religion, race, caste, sex or place of birth, it is considered and declared to be invalid. The Fundamental Right against the Prohibition of Discrimination under Article 15 of the Constitution of India is applicable in the case of citizens only. Any person who is not a citizen cannot claim his/her rights under Article 15. The prohibition under clause (1) can be leveled against a State action whereas the prohibition under clause (2) can be levelled against both, the individuals as well as the State.
Article 15 secures the citizens from discrimination by the State, on grounds of religion, race, caste, sex or place of birth or any of them. But it does not prevent the State from making any special provisions for women or children. Further, it has allowed the State to extend and make special provisions for socially and economically backward classes for their advancement and development including the Scheduled Castes (SC) and Scheduled Tribes (ST).
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, and 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.
Article 15 (1):
Prohibition of Discrimination:
Article 15 clause (1) of the Constitution of India prohibits the state to discriminate between citizens on grounds only of religion, race, caste, sex or place of birth or any of them. The word ‘discrimination’ means to make a distinction or to distinguish unfavorably from others.
In the case of Nain Sukh Das &Anr.v. State of Uttar Pradesh &Ors., the Supreme Court held that the laws which provide for ‘Election on the basis of separate electorate for members of different religious communities’ to be unconstitutional. Also, the mandate in Article 15 (1) extends to both, political as well as other rights.
However, in the case of State of Rajasthan v. Pratap Singh, a notification passed under section 15 of the Police Act, 1861. An extra levy of tax was imposed on all residents on the grounds that the inhabitants harboured dacoits and caused riots, except the Harijans and Muslims of that area. There was the absence of proof that the Harijans and Muslims were law-abiding citizens and that no citizens of the other community were law-abiding. The notification discriminated against other communities on the grounds of religion and caste violative of Article 15 (1) of the Constitution of India.
The Supreme Court in D.P. Joshi v. State of Madhya Bharat &Anr., that the rule did not infringe the fundamental right guaranteed by Article 15 (1) because residence and place of birth are two distinct conceptions with different connotations both in law and in fact, and when Article 15 (1) prohibits discrimination based on the place of birth, it cannot be read as prohibiting discrimination based on residence.
Article 15 (2):
No Discrimination as to use or Access to Public Places:
It says that no citizen shall be subjected to any disability, restriction or condition on grounds based only of religion, race, caste, sex or place of birth with regard to access to any shops, public restaurants, hotels and places of public entertainment; or the use of wells, tanks, bath ghats, roads and places of public resort, maintained wholly or partly out of State funds or dedicated to the use of the general public.
Article 15 (3):
Special Provision for women and children:
It signifies that Special Provisions can be made for Women and Children but not against them. Hence, Clauses (1) to (3) of Article 15 of the Constitution of India imply that the State can discriminate in favour of women against men, but it cannot discriminate in favour of men against women. The Special Provisions which the State may make to improve women’s participation in all activities under the control and supervision of the State can be in the form of reservations or affirmative action.
In Choki v. State of Rajasthan, the Court has held it valid on the ground that it makes special provisions for women and therefore it is protected under Article 15 (3).
In Anjali Roy v. State of West Bengal, the court held that Article 15 (3) provides for only special provisions for the benefits of women and children and does not require that absolutely identical treatment as those enjoyed by males in similar matters must be afforded to them.
Article 15 (4):
Special Provision for Backward Classes:
Clause (4) of Article 15 states that
Nothing in this Article or in Clause (2) of Article 29 shall prevent the State from making any special provision for the improvement or development of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
Clause (4) was added by the Constitution (First Amendment) Act, 1951, as a consequence of the landmark decision of the Supreme Court in the case of State of Madras v. Champakam Dorairajan. Clause (4) of Article 15 merely confers discretion on the State to make special provisions. It does not impose any obligation on the State to take any action under it.
In Balaji v. the State of Mysore, the Supreme Court quashed the impugned order of the Mysore Government which reserved seats in the Medical and Engineering Colleges in the State for the Backward Classes and More Backward Classes in addition to the seats reserved for Scheduled Castes and Scheduled Tribes under Article 15 (4). The Court also observed that Article 15 (4) is a Proviso to Clause (2) of Article 15 and Clause (2) of Article 29 and categorization of Backward Classes is not envisaged under Article 15 (4).
In Shanitha Kumar v. the State of Mysore, the Supreme Court has held that an adopted son of scheduled castes is not entitled to the benefit of reservation to that class.
The term ‘backward classes’ is not anywhere defined in the Constitution of India. Article 340 of the Constitution empowers the President of India to appoint a Commission for the purpose and on the basis of the report of the Commission, the President may specify the backward classes. The President of India appointed the Commission in 1952, which submitted its report in 1955. The Union Government did not accept the Report. Hence, there is no specific definition of the term ‘socially and economically backward classes’ on an All India Level. At present, the States specify the backward classes in their own ways and criteria.
Scheduled Castes are such castes, races or tribes as are deemed under Article 341 of the Indian Constitution to be Scheduled Castes for the purposes of this Constitution.
Scheduled Tribes means those tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this Constitution.
Edited by Ojaswi Gupta
Approved & Published – Sakshi Raje
References
- Constitution of India, 1950
- Police Act, 1861
- Choki v. State of Rajasthan, AIR 1957 Raj. 10
- Shanitha Kumar v. State of Mysore,1971 (1) Mys.L.J.21
- P. Joshi v. State of Madhya Bharat & Anr., 1955 AIR 334, 1955 SCR (1)1215
- Nain Sukh Das & Another v. The State of Uttar Pradesh & Ors., 1953 AIR 384, 1953 SCR 1184
- State of Rajasthan v. Pratap Singh, AIR 1960 SC 1208
- State of Madras v. Champakam Dorairajan, 1951 AIR 226, 1951 SCR 525
- Anjali Roy v. State of West Bengal, AIR 1952 Cal. 825
- State of Madras v. Champakam Dorairajan, AIR 1951 SC 226
- R. Balaji & Ors. v. State of Mysore, 1963 AIR 649, 1962 SCR Supl. (1) 439
