Article 15
Prohibition of discrimination on certain grounds:-
Art 15(1) provides that the state shall not discriminate against any citizen on grounds only of:-
Religion
Race
Caste
Sex
Place of birth or
Any of them
Discrimination is prohibited under Article 15 of the Indian Constitution solely on the basis of religion, race, caste, sex, or place of birth. According to the 8th Schedule of the Constitution, India recognises a total of 22 languages. The official languages of the nation are Hindi and English, but more than 1,500 additional languages are also used. A little over 44.63 percent of Indians are native Hindi speakers. Conflicts resulting from different points of view are common, and these confrontations can breed bias. Caste prejudice, which is still pervasive in some areas, is one of the main causes of discrimination in India. In the past, the most common manner of partitioning society was through caste systems, both lower and upper. For the poorer classes, there had existed untouchability. This law was recently declared unlawful in India owing to how bad it is.

Article 15 (2):
The second provision of Article 15 of the Indian Constitution explains further the places and the people covered under Article 15. Under discrimination, no person shall be subjected to any disability, liability, restriction, or condition for access to shops, public restaurants, hotels, and places of public entertainment. Every citizen has a right to entry to such places, and it is their Fundamental Right to gain access.
In the other provision, utility dedicated to general public use is also covered. The provision states that “ 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 (3):
The third clause of Article 15 of the Indian Constitution talks about protective discrimination. Article 15(3) gives the power to the State to make exceptions and special provisions for women and children. To empower women and children, the State can make exceptions like reservations in Local body elections.
Article 15 of the Indian Constitution enables this exception through the third clause of the rule of non-discrimination.
Article 15(4):
This clause of Article 15 ensures that the State can make special provisions for socially and educationally backward citizens for their advancement. The Articles also cover the advancement of SC and ST.
For example, reservation of seats and exemption of fees for certain educational institutions and examinations.
Article 15 (5):
Article 15(5) mentions provisions for reservations concerning admissions to educational institutions, both private and government-aided. The only exception to this reservation is Madrasas/minority educational institutes.
The last provision was added after the 93rd Constitutional Amendment Act, 2005. The amendment was enforced to nullify the Supreme court judgment in the case of P.A. Inamdar & Ors. vs. State of Maharashtra & Ors AIR 205 SC 3226 ·, declaring that the State can’t impose its reservation policy on minority and non-minority unaided private colleges, including professional colleges. So, to impose the State’s reservation policies on the private unaided colleges, this amendment was enacted.
It inserted clause (5) in Article 15 of the Constitution with a aim to promote the educational advancement of the socially and educationally backward classes of citizens, the Scheduled Castes and the Scheduled Tribes through special provisions relating to admission of students belonging to these categories in all educational institutions, including private educational institutions, whether aided or unaided by the State..
Exceptions:-
Art 15 (3), (4) and (5) contains exceptions to the general principal laid down under
Art 15 (1) and (2):-
Nothing in this article shall prevent the State from making any special provision for women and children.
Nothing in this article 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.
Nothing in this article 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 institution.
Case Laws
In State of AP v. USV Balaram AIR 1375 1972 SCR (3) 247, the Supreme Court ruled that caste should not be used to determine a person’s membership in a backward class. The term “backward class” shall mean a caste as a whole that is academically and socially backward. The Court further said that the list of backward classes would be automatically updated in the event that a backward class made enough progress in its social and academic standing to no longer need special assistance from the government.
Choki and her husband conspired to murder their child in Choki v. the State of Rajasthan (AIR 1957 Raj 10), and Choki’s application for release was based on the argument that she is an imprisoned woman with no one to care for her small boy. The judge denied the application, stating that there were no exceptional circumstances and that the Constitution does not contain any clauses that would permit women to get preferential treatment because of their sex. The Supreme Court heard a dispute about the same.
In contrast, the railway administration decided to appoint Inquiry cum Reservation clerks in four major cities, namely Mumbai, Delhi, Kolkata, and Chennai, in Union of India v. K.P. Prabhakaran (1997). The judgement specified that only women would be allowed to hold the position. The government’s argument that this clause is protected by Article 15 was rejected by the court (3). According to this, Article 15(3) cannot be interpreted as a restriction or an exemption to the rights protected by Article 16(1). (2).
Conclusion:
Article 15 defines the phrase “certain grounds,” which refers to things like religion, race, caste, sex, or location of birth. It is not illegal to discriminate on other bases, such as qualifications and intelligence. Different treatment does not equal discrimination, according to one such case from Article 15 of the Case Laws of the Indian Constitution. The other pertinent term that iterates the same idea is “only.” According to Article 15 of the Indian Constitution, discrimination on bases other than race, religion, caste, sex, or location of birth is not outlawed.
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