Article 15 in the Constitution of India 1949
Article 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
- The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, and place of birth or any of them
- 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 palaces 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.
- Nothing in this article shall prevent the State from making any special provision for women and children.
- 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.
Explanation-
Article 14 to 18 of The Constitution of India 1949 deals with the Right to Equality. Right to Equality is a fundamental right guaranteed by The Constitution of India to an individual to live life with dignity without any discrimination. Article 14 of The Constitution of India deals with equality before the law and equal protection of the law.
Article 15 of The Constitution of India prohibits any discrimination on grounds of religion, race, caste, sex or place of birth. Article 15(3) The Constitution of India is a special provision for women and children. The state can make any special provision for women and children. Example- Reservation for women in local self-government and free education to children.
The basic object of Article 15 of The Constitution of India prohibits the discrimination on grounds of religion, race, caste, sex or place of birth and making special provisions to the weaker section of the society. Article 15(1) and 15(2) prohibits the discrimination whereas Article 15(3) and Article 15(4) are an exception to Article 15(1) and 15(2).
Article 15(4) is a special provision for the SC and STs where a State can make any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
Dr. Ambedkar, in his general reply to the debate on the point, stated thus:
If honorable Members understand this position that we have to safeguard two things, namely, the principle of equality of opportunity and at the same time satisfy the demand of communities which have not had so far representation in the State, then, I am sure they will agree that unless you use some such qualifying phrase as ‘backward’ the exception made in favor of reservation will ultimately eat up the rule altogether. Nothing of the rule will remain….
IMPORTANT CASE LAWS
M.R. Balaji and Ors. v. State of Mysore [1963]
Gajendragadkar, J. observed, “Though castes in relation to Hindus may be a relevant factor to consider in determining the social backwardness of groups or classes of citizens, it cannot be the sole or the dominant test in that behalf.”