Article 15

Article 15: Prohibition of Discrimination

1. 1. Prohibitions:
      • State cannot discriminate against citizens based solely on religion, race, caste, sex, or place of birth (Clause 1).
      • Discrimination by private individuals regarding public spaces, like restaurants, wells, and roads, is also barred if maintained by public funds (Clause 2).
   2. Permissible Exceptions:
      • Special provisions for women and children (Clause 3).
      • Measures for the advancement of socially and educationally backward classes, including Scheduled Castes (SCs) and Scheduled Tribes (STs) (Clause 4).
   3. Economic Reservations:
      • The 103rd Constitutional Amendment introduced Clause 6, enabling special provisions for economically weaker sections (EWS) in education and employment, reserving up to 10% of seats for them in educational institutions and public jobs.

1st Constitutional Amendment Act:

1. Introduction of Article 15(4): This amendment allowed the State to implement affirmative action for socially and economically backward classes, including Scheduled Castes (SCs) and Scheduled Tribes (STs).
2. Context:
   • Article 29(2) prohibited discrimination in educational admissions based on religion, race, caste, sex, or place of birth.
   • The Champakam Dorairajan case (1951) highlighted a conflict between affirmative action policies and Fundamental Rights, particularly Articles 14 and 15.
   • This marked the first significant clash between Fundamental Rights and Directive Principles of State Policy.
3. Challenged Provisions:
   • Article 46, which promotes the educational and economic interests of SCs, STs, and other weaker sections, was viewed as contradictory to Articles 14 and 15.
4. Resolution: The conflict was resolved by the 1st Constitutional Amendment, enabling special provisions for disadvantaged groups.

93rd Constitutional Amendment Act (2005):

1. Introduction of Article 15(5): This amendment empowered the State to make special provisions for socially and economically weaker sections in educational institutions, including reservations.
2. Scope:
   • Article 15(4) addresses broader affirmative action measures, while Article 15(5) specifically focuses on educational institutions.
   • Minority educational institutions are explicitly excluded from the purview of Article 15(5).