Article 15: Prohibition of Discrimination

Notes

Art. 15 prohibits discrimination against citizens on grounds only of religion, race, caste, sex, place of birth. The word "only" matters: discrimination on other grounds, or on these combined with another reasonable ground, is not automatically barred.

Clauses

15(1): State shall not discriminate against any citizen on these grounds.
15(2): No citizen shall, on these grounds, be subject to any disability or restriction regarding access to shops, public restaurants, hotels and places of public entertainment, or use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly from State funds or dedicated to the general public. This clause also binds private persons.
15(3): State may make special provisions for women and children.
15(4): Special provisions for socially and educationally backward classes (SEBCs), SCs and STs. Added by the 1st Amendment (1951) after State of Madras v Champakam Dorairajan struck down communal reservation in medical college seats.
15(5): Special provisions for admission to educational institutions, including private unaided ones (except minority institutions). Added by the 93rd Amendment (2005).
15(6): Special provisions for economically weaker sections (EWS) other than the classes in 15(4) and 15(5), up to 10% reservation, in all educational institutions including private unaided (except minority). Added by the 103rd Amendment (2019). Upheld 3:2 in Janhit Abhiyan v Union of India (Nov 2022).

Cases

Ashoka Kumar Thakur v Union of India (2008): upheld 27% OBC reservation in central educational institutions, with creamy layer excluded.
Anuj Garg v Hotel Association of India (2007): a ban on women working in bars struck down; protective discrimination cannot rest on stereotypes.
Indra Sawhney (1992): upheld 27% OBC reservation in jobs.
Art. 15 vs Art. 14: Art. 15 is a specific application of the general principle in Art. 14.

Key Points

Citizens only; grounds: religion, race, caste, sex, place of birth.
15(2) applies to private persons too.
Clauses 15(3) to 15(6) are the exceptions: women and children, SEBC/SC/ST, educational admission, EWS.
15(4): 1st Amendment (1951); 15(5): 93rd (2005); 15(6): 103rd (2019).
EWS quota capped at 10%; the 50% ceiling from Indra Sawhney is not applied to it.

MCQs

Q1. Which Amendment inserted Art. 15(4) for socially and educationally backward classes?
(a) 1st
(b) 42nd
(c) 93rd
(d) 103rd
Ans: (a). The 1st Amendment (1951), after Champakam Dorairajan.

Q2. Which Article-clause provides for 10% reservation for economically weaker sections in educational institutions?
(a) 15(4)
(b) 15(5)
(c) 15(6)
(d) 16(4A)
Ans: (c). Inserted by the 103rd Amendment, 2019.

Q3. Which clause of Art. 15 prohibits discrimination in access to public places even by private individuals?
(a) 15(1)
(b) 15(2)
(c) 15(3)
(d) 15(5)
Ans: (b).