Article 15 – Constitution of India 

Article 15 – Constitution of India 

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Article 15 – Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

Bare Act Text

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

(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.

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

(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 and the Scheduled Tribes.

(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 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.

(6) Nothing in this article or sub-clause (g) of clause (1) of article 19 shall prevent the State from making—

• (a) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and
• (b) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) in so far as such special provisions relate to their admission to educational institutions.

Explanation in Simple Language

Article 15 prohibits discrimination and permits affirmative action.

Illustrations

Reservation for women or backward classes is constitutionally permitted.

Important Case Laws

• Indra Sawhney v. Union of India

Practical Notes

Clauses (4), (5) and (6) form the basis of reservation policies.

FAQs

Q. Is discrimination ever allowed?
A. Only affirmative discrimination is allowed.

Article 15 – Constitution of India 

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