Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex or Place of Birth
Category: Fundamental Rights
What is Article 15?
Article 15 is an important Fundamental Right under the Right to Equality. It prevents the State from discriminating against citizens solely on the grounds of religion, race, caste, sex or place of birth. The protection also extends to access to certain public places and facilities. Article 15(2) specifically addresses shops, public restaurants, hotels and places of public entertainment, as well as public-use facilities such as wells, tanks, bathing ghats, roads and other places maintained wholly or partly from State funds or dedicated to public use. Article 15 does not mean that every form of classification or special provision is prohibited. The Constitution itself permits certain special provisions intended to address particular social and educational circumstances. Article 15(3) permits special provisions for women and children. Article 15(4) permits special provisions for the advancement of socially and educationally backward classes and for the Scheduled Castes and Scheduled Tribes. Article 15(5) deals specifically with special provisions relating to admission to educational institutions, including private educational institutions, subject to the constitutional exception for minority educational institutions under Article 30(1). Article 15(6) provides for special provisions for economically weaker sections other than the classes covered by clauses (4) and (5), including provisions relating to admission to educational institutions, subject to the conditions stated in the Constitution. Thus, Article 15 combines a general prohibition of discrimination with constitutionally permitted special provisions designed for specified groups and circumstances.
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Official Constitutional Text
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 provision relates 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 reservation and subject to a maximum of ten per cent. of the seats in each category.
Article 15 Explained in Simple Words
Article 15 is an important Fundamental Right under the Right to Equality. It prevents the State from discriminating against citizens solely on the grounds of religion, race, caste, sex or place of birth. The protection also extends to access to certain public places and facilities. Article 15(2) specifically addresses shops, public restaurants, hotels and places of public entertainment, as well as public-use facilities such as wells, tanks, bathing ghats, roads and other places maintained wholly or partly from State funds or dedicated to public use. Article 15 does not mean that every form of classification or special provision is prohibited. The Constitution itself permits certain special provisions intended to address particular social and educational circumstances. Article 15(3) permits special provisions for women and children. Article 15(4) permits special provisions for the advancement of socially and educationally backward classes and for the Scheduled Castes and Scheduled Tribes. Article 15(5) deals specifically with special provisions relating to admission to educational institutions, including private educational institutions, subject to the constitutional exception for minority educational institutions under Article 30(1). Article 15(6) provides for special provisions for economically weaker sections other than the classes covered by clauses (4) and (5), including provisions relating to admission to educational institutions, subject to the conditions stated in the Constitution. Thus, Article 15 combines a general prohibition of discrimination with constitutionally permitted special provisions designed for specified groups and circumstances.
Article 15 in Simple Words
Article 15 prohibits discrimination against citizens solely on the grounds of religion, race, caste, sex or place of birth, while allowing certain constitutionally permitted special provisions for specified groups.
Article 15 Example
Suppose a public facility covered by Article 15(2) is available for general public use. A citizen cannot be denied access to that facility solely because of the citizen's religion, race, caste, sex or place of birth. Another example is a law that makes a special provision for women or children. Article 15(3) expressly permits the State to make such special provisions. Similarly, the Constitution permits certain special provisions for socially and educationally backward classes, Scheduled Castes and Scheduled Tribes, and economically weaker sections, subject to the specific constitutional conditions. These examples show that Article 15 contains both a prohibition against specified forms of discrimination and express constitutional permission for certain special provisions.
What is Article 15 of the Indian Constitution?
Article 15 is a Fundamental Right under the Right to Equality. It prohibits the State from discriminating against any citizen solely on the grounds of religion, race, caste, sex or place of birth.
What does Article 15 say?
Article 15 prohibits specified forms of discrimination and also contains constitutional provisions permitting certain special measures for women, children, socially and educationally backward classes, Scheduled Castes, Scheduled Tribes and economically weaker sections.
Which Fundamental Right includes Article 15?
Article 15 forms part of the Right to Equality under Part III of the Constitution. It follows Article 14 and is closely related to the constitutional guarantee of equality.
Which grounds of discrimination are prohibited under Article 15?
Article 15(1) specifically refers to religion, race, caste, sex and place of birth. The State cannot discriminate against a citizen solely on any of these grounds or a combination of them.
Does Article 15 protect citizens from discrimination?
Yes. Article 15(1) protects citizens against discrimination by the State on the specified grounds. Article 15(2) additionally addresses certain forms of exclusion from public places and facilities.
What does Article 15(2) provide?
Article 15(2) provides that citizens cannot, solely on the specified grounds, be subjected to disability, liability, restriction or condition regarding access to listed public places and public-use facilities.
Does Article 15 allow special provisions for women and children?
Yes. Article 15(3) expressly permits the State to make special provisions for women and children.
What is Article 15(4)?
Article 15(4) permits the State to make special provisions for the advancement of socially and educationally backward classes of citizens and for the Scheduled Castes and Scheduled Tribes.
What is Article 15(5)?
Article 15(5) permits certain special provisions by law concerning admission to educational institutions for socially and educationally backward classes and for Scheduled Castes and Scheduled Tribes, subject to the constitutional conditions and the exception for minority educational institutions under Article 30(1).
What is Article 15(6)?
Article 15(6) permits special provisions for economically weaker sections other than the classes mentioned in clauses (4) and (5). It also addresses certain special provisions concerning admission to educational institutions, including private educational institutions, subject to the constitutional conditions.
Article 15 and equality before law
Article 15 is closely connected with the broader constitutional principle of equality. Article 14 provides equality before law and equal protection of laws, while Article 15 addresses specified forms of discrimination against citizens.
Article 15 and Article 16 difference
Article 15 primarily concerns discrimination in the contexts covered by its provisions, including public access and certain educational provisions. Article 16 specifically concerns equality of opportunity in matters of public employment.
Why is Article 15 important?
Article 15 provides a constitutional safeguard against discrimination on specified grounds while recognising that the Constitution may permit certain special provisions to address specified social, educational and economic circumstances.
Article 15 in simple words
In simple words, Article 15 says that citizens should not be discriminated against by the State solely because of religion, race, caste, sex or place of birth. At the same time, the Constitution permits certain special provisions for specified groups.