Article 15 of Indian Constitution

Article 15 of the Indian Constitution is a crucial provision that prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. This article provides for the right to equality and is a fundamental principle of the Indian Constitution. The purpose of this article is to ensure that every citizen of India has equal access to opportunities and benefits without any discrimination. In this article, we will explore the key aspects of Article 15 of the Indian Constitution and how it relates to the right to equality and non-discrimination.

What is Article 15?

Prohibition of discrimination on grounds of race, caste, sex, place of birth or religion.

• There shall be no discrimination by the state with any citizen on grounds only of, caste, sex, place of birth, race, and religion or any of them.
• The article empowers the State to make special provisions for the advancement of socially and educationally backward classes of citizens, Scheduled Castes, and Scheduled Tribes. The government can also make provisions for the reservation of seats in educational institutions and government jobs for these groups.
• The state can make special provisions for women and children. And nothing can stop the state from doing so.

Feature of Article 15

• Article 15 of the Indian constitution prohibits any type of discrimination on the grounds of race, religion, caste, sex, and place of birth.
• Here only word means that there shall be no discrimination only on these grounds by states and any other Individuals or Other Institutions in the Indian territory.
• No one will be stopped on these grounds for access to wells, public transport, going to school, and other activities.

Clause of Article-15

Article 15 of the Indian Constitution prohibits discrimination against any individual or group of individuals on the grounds of religion, race, caste, sex, or place of birth. The article contains three different clauses, each with its own specific focus: 

1. Article 15(1): This clause states that the State shall not discriminate against any citizen on the grounds of religion, race, caste, sex, or place of birth. 
2. Article 15(2): This clause prohibits any citizen from discriminating against another citizen on the grounds of religion, race, caste, sex, or place of birth when it comes to access to public spaces such as shops, hotels, and restaurants. 
3. Article 15(3): This clause allows the State to make special provisions for women and children, as well as socially and educationally backward classes or Scheduled Castes and Scheduled Tribes, for their betterment and advancement. These special provisions can include scholarships, reservations in education and employment, and other affirmative action measures. 

Overall, Article 15 serves as a powerful tool to combat discrimination and promote equality in India.

Reservation for OBC under Article 15

The Indian government has introduced reservation policies to allocate a certain percentage of seats in educational institutions and government jobs to candidates from Other Backward Classes (OBCs).

These groups have faced social and economic disadvantages due to their lower status in the caste hierarchy throughout history. The percentage of reservation differs from state to state but typically stands around 27%, implying that up to 27% of the seats or positions available each year will be reserved for OBC candidates.

Reservation for EWS under Article 15

Article 15 of the Indian Constitution prohibits discrimination on the basis of religion, race, caste, sex, or place of birth. Recently, the government has introduced a new category for the economically weaker sections (EWS) of society, who may not necessarily belong to any particular caste or class but face economic disadvantages. The 103rd Constitutional Amendment Act, 2019, provides for 10% reservation in educational institutions and government jobs for candidates belonging to the EWS category.

The EWS category covers households with an annual income of less than Rs 8 lakh and possessing less than 5 acres of agricultural land. This reservation is in addition to the existing quotas for the Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBCs), which still continue to receive reservations as per their respective quotas.

Impact and Significance of Article 15:

Article 15 is very significant As it provides protection against discrimination. Article 15 also plays a very significant and determining role in promoting equality, egalitarianism, and social and economic justice.

1. Promoting equality: Article 15 promotes equality by giving protection against all types of discrimination on the grounds of religion, caste, race, sex and place of birth.

2. Protecting Minorities: Article 15 protects minorities from all types of unjust done to them by prohibiting discrimination. It also works for their betterment and makes them economically and socially better off by providing exceptions.

3. Imparting education: Article 15 gave impetus to providing education to children by making exceptions in it so that every child can get primary education in order to lead a good life of choice and dignity.

4. Social and Economic Justice: Article 15 provides social and economic justice by prohibiting discrimination and by giving special treatment to economically backwards and scheduled castes and scheduled tribes.

Challenges and Criticism of Article 15:

1. Caste-Based Discrimination: Despite constitutional prohibition, caste-based discrimination still exists in India. Especially Dalits and other marginalized communities are discriminated against even today. So there is a need to make people aware of Article 15 to reduce these discriminations.
2. Gender-Based Discrimination: Discrimination against women is widespread in India. Indian women face various forms of discrimination and violence. therefore To cope with this issue of Gender-based discrimination effectively the provisions of Article 15 need to be strengthened.
3. Reservation Policies: The implementation of reservation policies has faced criticism from some quarters. some Critics argue that they are divisive and do not promote meritocracy. At the same time, marginalized communities argue that these policies are necessary to address historical injustices and promote social justice.
4. Lack of Awareness: Many people in India are not aware of the provisions of Article 15 and their rights under the Constitution. This lack of awareness can lead to discrimination going unchecked and unchallenged.

Conclusion

Article 15 plays an important role in promoting equality and social justice in India. It prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. It guarantees equality and non-discrimination to every citizen of India. This provision also empowers the state to make special provisions for the advancement of socially and educationally backward classes, scheduled castes, and scheduled tribes.