As we pledge on the Constitution it is important to know more about its structure and democratic values
Fundamental Rights – Article 15
Now that we’ve grasped the essence of Article 14, let’s delve further into the notion of equality. Article 15 of the Indian Constitution sheds light on certain specific areas where achieving equality presents challenges. To address these challenges, the article not only recognises and acknowledges the disadvantages faced by certain sections of society but also empowers the State to take proactive measures to rectify injustices and ensure a more comprehensive realisation of equality in all aspects.
Article 15 of the Indian Constitution reads as follows:
“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, 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.”
Article 15(1) serves as a cornerstone in upholding the principles of equality, non-discrimination, and social justice in the Indian legal framework, ensuring that all citizens have equal opportunities and access to public resources irrespective of their background. These clauses in the Indian Constitution prohibits discrimination based on religion, race, caste, sex, place of birth, or any other factor. It ensures that every citizen is entitled to equality before the law and equal protection of laws without discrimination. The State is mandated not to discriminate against any citizen in matters of access to public places, employment, educational institutions, and the use of facilities funded by the State or dedicated to public use.
(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.”
In Indian society, the patriarchal structure remains evident, influencing various aspects of life. Traditionally, women have faced significant disadvantages due to their gender, encountering numerous barriers in accessing education, employment, and participation in public life. Article 15(3) of the Indian Constitution seeks to address this disparity by legally empowering women, ensuring that their right to equality is upheld irrespective of their gender. Similarly, certain classes within society have endured prolonged oppression, necessitating targeted interventions for their upliftment and the realisation of equality. Article 15(4) grants the State the authority to enact legally binding provisions or laws to address these inequalities, a provision advocated by Dr. B.R. Ambedkar, the principal architect of the Constitution. This constitutional provision aims to promote social justice and foster inclusive development by addressing historical injustices and empowering marginalised communities.
(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.”
This clause highlights the power of the State to make reservations for admission to educational institutions, including private institutions, whether aided or unaided by the State, for socially and educationally backward classes of citizens or for Scheduled Castes and Scheduled Tribes. This provision allows the government to extend reservations in private educational institutions to ensure equitable access to education for disadvantaged groups.
Recognising social disparities and acknowledging the resulting disadvantages forms the foundation for Article 15 clauses (3), (4), and (5) of the Indian Constitution. These clauses are designed to ensure equitable access to opportunities and resources for all members of society, guaranteeing the right to fair distribution and utilisation of resources among citizens.
(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 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, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten per cent. of the total seats in each category.
Explanation.—For the purposes of this article and article 16, “economically weaker sections” shall be such as may be notified by the State from time to time on the basis of family income and other indicators of economic disadvantage.]
The 103rd amendment to the Indian Constitution introduced Article 15(6) to address the needs of economically weaker sections (EWS) of society. EWS refers to individuals or families who fall below a certain income threshold and face financial hardships in meeting basic needs. Article 15(6) is intentionally kept open-ended to allow for flexibility in defining the criteria for EWS eligibility from time to time, ensuring that different groups can be included over time as socioeconomic conditions evolve. This provision aims to achieve equality with fairness by extending opportunities to those from disadvantaged economic backgrounds, thereby promoting social inclusion and addressing systemic inequalities.
Sources:
1. https://www.indiacode.nic.in/bitstream/123456789/16124/1/the_constitution_of_india.pdf
2. https://pib.gov.in/PressReleasePage.aspx?PRID=1577969
3. Image Source – https://www.jagranjosh.com/general-knowledge/article-15-1561544384-1
