Indian Constitution Article 15

• Article 15 is a fundamental right in the Indian Constitution, ensuring protection against discrimination and promoting social justice.

Clause (1): Discrimination Prohibition by State

• The government is prohibited from discriminating against citizens based on religion, race, caste, sex, or place of birth.
• Example: Government job denials based solely on caste or religion are unconstitutional.

Clause (2): Discrimination Prohibition by Individuals and Private Entities

• Individuals and private bodies cannot deny access to public places based on religion, race, caste, sex, or place of birth.
• Example: Hotels cannot refuse entry to individuals based on their caste or gender.

Clause (3): Special Provisions for Women and Children

• The government can create laws that promote gender equality and protect women and children.
• Examples: Reservations for women in education and workplaces, maternity benefits, and laws against human trafficking.

Clause (4): Special Provisions for SCs, STs, and SEBCs

• Reservations in education and employment are enabled for Scheduled Castes (SCs), Scheduled Tribes (STs), and Socially and Educationally Backward Classes (SEBCs).
• Example: There is a 27% reservation for OBCs, 15% for SCs and 7.5% for STs in central government jobs.

Clause (5): Reservations in Private Educational Institutions

• Educational reservations extend to private aided and unaided institutions, except for minority institutions.
• Example: OBC/SC/ST reservations apply to private colleges such as engineering and medical institutions.

Clause (6): Reservations for Economically Weaker Sections (EWS)

• A 10% reservation was introduced for Economically Weaker Sections (EWS) in education and government jobs in 2019 via the 103rd Amendment.
• Example: Families with an annual income below ₹8 lakh, not covered under SC, ST or OBC reservations, can use EWS reservation.

Significance of Article 15

• Promotes social justice by ensuring equal access to opportunities.
• Protects marginalized communities through affirmative action.
• Balances equality and special provisions for disadvantaged sections without compromising fundamental rights.

Landmark Supreme Court Judgements on Article 15

• Champakam Dorairajan Case (1951): The state cannot make caste-based reservations without a constitutional amendment.
• The Champakam Dorairajan Case (1951) led to the First Constitutional Amendment (1951), adding Article 15(4).
• Indra Sawhney Case (1992): OBC reservations are valid, but total reservations should not exceed 50%.
• The Indra Sawhney Case (1992) set a 50% reservation cap, excluding EWS reservations.
• Ashoka Kumar Thakur Case (2008): OBC reservations of 27% in central educational institutions are valid, excluding the "creamy layer".
• Janhit Abhiyan v. Union of India (2022): A 10% EWS reservation is constitutional and does not violate the 50% cap.

Criticisms of Article 15

• Potential for Reverse Discrimination: Excessive reservations can disadvantage the general category.
• Reservations can sometimes be misused for caste-based politics.