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ARTICLE 15 – Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex or Place of Birth

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ARTICLE 15: Prohibition of Discrimination

✅ Purpose:

To stop discrimination by the State or individuals against any citizen based only on:

  • Religion

  • Race

  • Caste

  • Sex

  • Place of Birth

🔹Original Text (Bare Act Language)

Clause (1):
The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth, or any of them.

Clause (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.

🟩Exceptions/Enabling Clauses:

Clause (3):
Nothing in this article shall prevent the State from making any special provision for women and children.

Clause (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 (SCs) and Scheduled Tribes (STs).

Clause (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 socially and educationally backward classes or for SCs/STs, in relation to admission to educational institutions, including private institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of Article 30.

Clause (6):
Nothing in this article or in sub-clause (g) of clause (1) of Article 19 or in clause (2) of Article 29 shall prevent the State from making:

  • (a) any special provision for the advancement of any economically weaker sections (EWS) of citizens other than the classes mentioned in clauses (4) and (5); and

  • (b) any special provision for EWS relating to admission to educational institutions, including private institutions, whether aided or unaided by the State, other than minority educational institutions referred to in clause (1) of Article 30.

👉 Such reservations for EWS shall be in addition to the existing reservations and subject to a maximum of 10% of the total seats.

🔹 CLAUSE (1): No Discrimination by State

Text:
"The State shall not discriminate against any citizen only on the grounds of religion, race, caste, sex, place of birth or any of them."

🔍 What is Discrimination?

Discrimination = Unfavorable or unfair treatment.

Case: Nainsukhdas vs State of U.P.
Separate electorates for different religions → Unconstitutional under Article 15(1)

🔍 Role of the Word “Only”:

The State cannot discriminate just because someone is of a certain caste, religion, etc.

✅ If other valid reasons (e.g. economic status) exist along with caste, it is allowed.

Case: D.P. Joshi vs State of M.B.
Extra fees for non-residents = valid, as based on residence not birthplace.

🔄 Article 14 & Article 15: Connection

  • Article 14: General equality before law.

  • Article 15: Specific protections from discrimination.

💡 Both allow reasonable classification:

Unequal can be treated unequally if there’s a valid reason.

Case: Adam Chaki vs Govt. of India (Gujarat HC)
Minority scholarships = Valid, since the scheme helps disadvantaged minorities = Reasonable classification ✅

🔹 CLAUSE (2): No Discrimination in Public Places

Text:
No citizen can face restrictions only on above grounds in:

  • Shops

  • Restaurants

  • Hotels

  • Public entertainment places

  • Roads, tanks, wells, etc., funded by State or meant for public use

🟩 Applies to:

  • State + Private individuals (unlike Clause 1)

🔸 3 Exceptions to General Rule (Given in Clauses 3, 4, 5)

🔹 CLAUSE (3): Special Provisions for Women & Children

✅ State can make favorable laws for:

  • Women (e.g., maternity leave)

  • Children (e.g., free education)

Case: Joseph Shine v. Union of India (2018)

  • Adultery law (Sec 497 IPC) struck down

  • Said: Not protective of women, but discriminatory

  • Article 15(3) can't be used to support such law

🔹 CLAUSE (4): Special Provisions for Backward Classes, SCs, STs

🧾 Inserted by: 1st Constitutional Amendment (1951)
🧾 Reason: Champakam Dorairajan case – struck down caste-based reservations

✅ Clause (4) allows:

  • Special provisions for socially & educationally backward classes, SCs, STs

Enabling clause: Doesn’t force the State to act, just allows it.

Case: M.R. Balaji vs State of Mysore (1963)
State has discretion to make provisions, not a duty.

🔍 Reservation under Article 15(4)

Case: Gulshan Prakash v. State of Haryana (2010)
No one can demand reservation by right. It’s State’s discretion.

Backward Class = Socially + Educationally Backward

How to Identify "Backward Class"?

Case Principle
P. Rajendran v. State of Madras Caste can be basis
K.C. Vasanth Kumar v. State of Karnataka Caste + poverty + location
Indra Sawhney v. UOI (1992) Caste = valid basis; but use newer methods
National Legal Services Authority v. UOI (Jat reservation) Move away from caste-based definitions over time

⚖️ Limit of Reservation

Indra Sawhney v. UOI (1992)

  • Reservation cap = Max 50% (except extraordinary cases)

  • More backward vs backward classification = allowed

  • Balaji case overruled (which banned sub-classification)

APBC Sangh v. J.S.V. Federation
Mixing different backward classes = violates Article 14

🔹 CLAUSE (5): Educational Reservation (Private Colleges Included)

🧾 Added by: 93rd Constitutional Amendment (2005)
🧾 Purpose: To undo Supreme Court judgments that prevented reservation in private unaided colleges

✅ Allows State to make special provisions for:

  • SC, ST, SEBCs in educational institutions

  • Applies to private colleges, whether aided/unaided

  • ❌ But not applicable to minority institutions (Art 30(1))

Case: Pramati Educational & Cultural Trust v. UOI

  • Amendment is valid

  • ❌ Does not violate Articles 14, 19(1)(g), or 21

🔹 CLAUSE (6): 10% Reservation for Economically Weaker Sections (EWS)

🧾 Added by: 103rd Constitutional Amendment (2019)

✅ Allows State to give special provisions/reservations to EWS in:

  • Education (including private colleges)

  • Government jobs (via Art. 16(6))

🚫 Does not apply to SCs, STs, OBCs (they’re covered under Clause 4 & 5)

💯 Reservation under EWS = up to 10%, in addition to existing reservations
✅ Total reservation can exceed 50% (as per EWS judgment)

📌 EWS = As defined by the State, based on:

  • Family income

  • Economic disadvantage

✅ Summary Table

Clause Focus Applies To Allows/Prohibits
15(1) No discrimination on 5 grounds State Prohibits
15(2) Public access rights State + Private Prohibits
15(3) Women & Children State Allows special laws
15(4) SEBC, SC, ST State Allows special laws/reservation
15(5) Education (incl. private) State Allows reservation in institutions
15(6) EWS State 10% reservation for EWS

🟦 Reservation for OBCs & EWS in Educational Institutions 

🔹 PART 1: Reservation for OBCs in Educational Institutions

✅ Legal Basis

  • Inserted by: 93rd Constitutional Amendment Act, 2005

  • Introduced: Clause (5) in Article 15

  • Purpose: To allow special provisions for SEBCs (Socially and Educationally Backward Classes) including OBCs, SCs, and STs in:

    • Admission to educational institutions

    • Including private institutions, whether aided or unaided

    • ❌ Not applicable to minority institutions under Article 30(1)

🏛 Central Educational Institutions (Reservation in Admission) Act, 2006

  • Enacted to implement Article 15(5)

  • Provides 27% reservation for OBCs in:

    • Central universities

    • IITs

    • IIMs

    • Other central government-funded institutions

⚖️ Supreme Court Verdict – April 2008

  • Upheld the validity of:

    • The 93rd Amendment

    • The Reservation Act

  • But added a condition:
    ✅ Creamy layer among OBCs must be excluded

🔸 Who is included in OBC Creamy Layer? (Not eligible for quota)

Even if someone belongs to an OBC caste, they will not get reservation if they fall into the creamy layer.

❌ Categories excluded (Creamy Layer):

  1. Constitutional post holders

    • President, VP, Governors

    • Judges of Supreme Court & High Courts

    • UPSC/SPSC members, CEC, CAG, etc.

  2. Group A / Group B Officers

    • All India, Central, and State Services

    • Also includes employees in:

      • PSUs, banks, insurance, universities, private firms

  3. Armed Forces

    • Colonels and above (Army, Navy, Air Force, Paramilitary)

  4. High-earning Professionals

    • Doctors, Engineers, Lawyers, Consultants, Artists, Authors, etc.

  5. Businessmen and Industrialists

  6. High Land/Property Owners

    • Large agricultural land

    • High-value urban land or buildings

  7. High Income Group

    • Gross family income > ₹8 lakh/year

    • Includes income from:

      • Salary, business, profession, agriculture

📌 Applies to:

  • Individual + Spouse + Children under 18 years

📝 Note:
Creamy layer income ceiling was:

  • ₹1 lakh (1993)

  • ₹2.5 lakh (2004)

  • ₹4.5 lakh (2008)

  • ₹6 lakh (2013)

  • ₹8 lakh (2017 onwards)

🔹 PART 2: Reservation for EWS in Educational Institutions

✅ Legal Basis

  • Inserted by: 103rd Constitutional Amendment Act, 2019

  • Introduced: Clause (6) in Article 15

  • Purpose: To allow 10% reservation for:

    • Economically Weaker Sections (EWS) among general category (not SC/ST/OBC)

  • Applies to:

    • Government colleges

    • Private educational institutions (aided or unaided)

  • ❌ Excludes minority institutions (Article 30(1))

📋 Eligibility Criteria for EWS Reservation

✅ 1. Income Limit

  • Family’s gross annual income < ₹8 lakh

  • Includes income from:

    • Salary

    • Agriculture

    • Business

    • Profession

  • Checked for previous financial year

✅ 2. Asset Ownership Test – Automatic Exclusion if family owns:

Asset Type Limit
Agricultural Land ≥ 5 acres
Residential Flat ≥ 1000 sq ft
Residential Plot (Urban area) ≥ 100 sq yards
Residential Plot (Non-urban area) ≥ 200 sq yards

✅ 3. Property Clubbing Rule

  • If family owns multiple properties in different places, their total value/size will be combined for eligibility

📌 Summary Table

Aspect OBC Reservation EWS Reservation
Introduced by 93rd Amendment (2005) 103rd Amendment (2019)
Reservation % 27% 10%
Applies to Central Institutions (IIT, IIM, etc.) All institutions (except minority ones)
Exclusion Creamy Layer Rich in assets/income
Based on Social & Educational Backwardness Purely Economic Criteria
Income Limit ₹8 lakh (Creamy layer ceiling) ₹8 lakh/year (Eligibility cap)

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