Article 15 of the Costitution of India with Case law
Article 15 of the Constitution of India is a fundamental right that prohibits discrimination on certain grounds. It plays a vital role in ensuring equality before the law and equal protection of the laws for all citizens, particularly in matters of access to public spaces, amenities, and opportunities.
📜 Text of Article 15 (as of latest amendments)
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, 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 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.
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.
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 insofar 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.
Nothing in this article or sub-clause (g) of clause (1) of Article 19 shall prevent the State from making any special provision for the advancement of economically weaker sections of citizens other than the classes mentioned in clause (4) and (5); such provisions relating to:
(a) admission to educational institutions (including private unaided ones, but excluding minority institutions under Article 30(1));
(b) reservation in public employment under Article 16(6).
🧑⚖️ Important Case Laws on Article 15
State of Madras v. Champakam Dorairajan (1951)
Issue: Validity of caste-based reservations in educational institutions.
Judgment: The Supreme Court held that caste-based reservations violated Article 15(1). This led to the First Constitutional Amendment, introducing Article 15(4) to permit special provisions for backward classes.
Indra Sawhney v. Union of India (1992)
Issue: Validity of OBC reservation in employment.
Judgment: Article 15(4) allows reservations for socially and educationally backward classes. Introduced the "creamy layer" concept, excluding the advanced sections from OBC benefits.
Ashoka Kumar Thakur v. Union of India (2008)
Issue: Validity of 27% reservation for OBCs in educational institutions under Article 15(5).
Judgment: Upheld the 93rd Amendment (Article 15(5)) but reiterated exclusion of the creamy layer.
Navtej Singh Johar v. Union of India (2018)
Issue: Constitutionality of Section 377 IPC.
Judgment: Expanded the interpretation of Article 15 to include sexual orientation under the ambit of "sex", protecting LGBTQ+ rights.
Indian Young Lawyers Association v. State of Kerala (Sabarimala Case) (2018)
Issue: Ban on entry of women of menstruating age in Sabarimala temple.
Judgment: Such a ban was discriminatory and violated Article 15(1) and the right to worship.
Janhit Abhiyan v. Union of India (2022)
Issue: Validity of 103rd Constitutional Amendment introducing 10% reservation for Economically Weaker Sections (EWS).
Judgment: Upheld the amendment, stating that economic criteria can be a valid ground for affirmative action under Article 15(6).
✅ Key Points Summary
Article 15 prohibits discrimination on five specific grounds.
However, it permits positive discrimination or affirmative action for:
Women and children (Clause 3),
Socially and educationally backward classes, SC/STs (Clause 4 and 5),
Economically weaker sections (Clause 6).
It ensures equality and promotes social justice.
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