INTRODUCTION:
ARTICLE 15 of the Constitution of India forbids discrimination on grounds only of Religion , Race, Caste, Gender, or Place of Birth or any of them. "It applies ARTICLE 14's general principle of equality in specific situations by forbidding classifications made on protected grounds". While prohibiting discrimination based on prejudice, the ARTICLE is also the central issue in a large body of judicial decisions, public debate, and legislation revolving around affirmative action, reservations, and quotas. As of the 103rd Amendment of the Constitution of India, ARTICLE 15 .
ARTICLE 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth;
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
CLAUSE (2) Sub- CLAUSE (a): access to shops, public restaurants, hotels and places of public entertainment, or
CLAUSE (2)Sub- CLAUSE (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
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 and the Scheduled Tribes.
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 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 institutions referred to in CLAUSE (1) of ARTICLE 30.
CLAUSE (6): Nothing in this article or Sub-CLAUSE (g) of CLAUSE (1) of ARTICLE 19 or clause (2) of ARTICLE 29 shall prevent the State from making,
CLAUSE (6) Sub- CLAUSE (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
CLAUSE (6) Sub- CLAUSE (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 including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions E referred to in CLAUSE (1) of ARTICLE 30, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten per cent. of the total seats in each category.
ARTICLE 15 restricts Discrimination on the grounds of:
• Religion: It means that a state or any group cannot discriminate against a person on the basis of religion from accessing any public place or policy.
• Race: A person should not be discriminated against on the basis of his/her ethnic origin. For example, a citizen of Afghan origin should not be discriminated against by those of Indian origin.
• Caste: It prohibits the discrimination on the basis of caste, Generally, it is to prevent atrocities committed by the upper caste.
• Sex: No individual should be discriminated against on the basis of their gender. For example, discriminating against females, transgenders, etc.
• Place of birth: The place where an individual is born should not become a reason for discrimination.
Often, the word 'Discrimination' is perceived to be contrary to the principles of equality. Individuals tend to confuse discrimination with a breach of equality. Can something that is disadvantageous and against the general classification of the individual be taken as discrimination? The answer remains 'NO'. The Supreme Court has observed in the following cases that every classification does not constitute discrimination in the first place.
DEEP EXPLANATION Of ARTICLE 15:
• The first provision of ARTICLE 15 provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth. The two crucial words in this provision are 'discrimination' and 'only'.
The word 'discrimination' means 'to make an adverse distinction with regard to' or 'to distinguish unfavourably from others'. The use of the word 'only' connotes that discrimination on other grounds is not prohibited.
• The second provision of ARTICLE 15 says that no citizen shall be subjected to any disability, liability, restriction or condition on grounds only of religion, race, caste, sex, or place of birth with regard to
(a): access to shops, public restaurants, hotels and places of public entertainment; or
(b): the use of wells, tanks, bathing ghats, road and places of public resort maintained wholly or partly by State funds or dedicated to the use of general public.
• This provision prohibits discrimination both by the State and private individuals, while the former provision prohibits discrimination only by the State.
There are four exceptions to this general rule of non-discrimination:
(a): The state is permitted to make any special provision for women and children. For example, reservation of seats for women in local bodies or provision of free education for children.
(b): The state is permitted to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes and scheduled tribes. For example, reservation of seats or fee concessions in public educational institutions.
(c): The state is empowered to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes or the scheduled tribes regarding their admission to educational institutions including private educational institutions, whether aided or unaided by the state, except the minority educational institutions.
(d): The state is empowered to make any special provision for the advancement of any economically weaker sections of citizens. Further, the state is allowed to make a provision for the reservation of upto 10% of seats for such sections in admission to educational institutions including private educational institutions, whether aided or unaided by the state, except the minority educational institutions.
• This reservation of upto 10% would be in addition to the existing reservations. For this purpose, the economically weaker sections would be notified by the state from time to time on the basis of family income and other indicators of economic disadvantage.
••• The above exception(c) was added by the 93rd Amendment Act of 2005. In order to give effect to this provision, the Centre enacted the Central Educational Institutions (Reservation in Admission) Act, 2006, providing a quota of 27% for candidates belonging to the Other Backward Classes (OBCs) in all central higher educational institutions including the Indian Institutes of Technology (IITs) and the Indian Institutes of Management (IIMs).
• In April 2008, the Supreme Court upheld the validity of both, the Amendment Act and the OBC Quota Act. But the Court directed the central government to exclude the 'creamy layer' (advanced sections) among the OBC while implementing the law.
• The children of the following different categories of people belong to 'creamy layer' among OBCs and thus will not get the quota benefit:
1. Persons holding constitutional posts like President, VicePresident, Judges of SC and HCs, Chairman and Members of UPSC and SPSCS, CEC, CAG and so on.
2. Group 'A'/ Class I and Group 'B' / Class II Officers of the All India, Central and State Services; and Employees holding equivalent posts in PSUs, Banks, Insurance Organisations, Universities etc., and also in private employment.
3. Persons who are in the rank of colonel and above in the Army and equivalent posts in the Navy, the Air Force and the Paramilitary ary Forces.
4. Professionals like doctors, lawyers, engineers, artists, authors, consultants and so on. 5. Persons engaged in trade, business and industry.
6. People holding agricultural land above a certain limit and vacant land or buildings in urban areas.
7. Persons having gross annual income of more than 8 lakh or possessing wealth above the exemption limit. In 1993, when the "creamy layer" ceiling was introduced, it was 1 lakh. It was subsequently revised to 2.5 lakh in 2004, 4.5 lakh in 2008, 6 lakh in 2013 and 8 lakh in 2017.
• Reservation for EWSs in Educational Institutions The above exception (d) was added by the 103rd Amendment Act of 2019. In order to give effect to this provision, the central government issued an order (in 2019) providing 10% reservation to the Economically Weaker Sections (EWSs) in admission to educational institutions. The benefit of this reservation can be availed by the persons belonging to EWSs who are not covered under any of the existing schemes of reservations for SCs, STs and OBCs. The eligibility criteria laid down in this regard is as follows:
1. Persons whose family has gross annual income below ₹8 lakh are to be identified as EWSS for the benefit of reservation. The income would include income from all sources i.e., salary, agriculture, business, profession etc. and it would be income for the financial year prior to the year of application.
2. Persons whose family owns or possesses any one of the following assets are to be excluded from being identified as EWSs, irrespective of the family income:
(a) 5 acres of Agricultural land and above.
(b) Residential flat of 1000 sq.ft. and above.
(c) Residential plot of 100 sq.yards and above in notified municipalities.
(d) Residential plot of 200 sq.yards and above in areas other than the notified municipalities.
3.The property held by a family in different locations or different places/cities would be clubbed while applying the land or property holding test to determine EWS status.
4. Family for this purpose would include the person who seeks benefit of reservation his/her parents and siblings below the age of 18 years as also his/her spouse and children below the age of 18 years.
RELEVANT CASE LAWS:
√ CASE LAW: State of Madras v. Champakam Dorairajan (1951)
(i) Conflict was between ARTICLE 15, ARTICLE 29(2) and ARTICLE 46, issue was reservation, There should be equality according to F.R but DPSP is asking to promote interests of weaker section.
(ii) Supreme Court in its verdict said that in case of conflict between Fundamental Rights and Directive Principles, Fundamental Rights would always prevail.
(iii) It also said that Directive principles have to work as a supplement with Fundamental rights & Parliament can't amend Fundamental Rights.
1st Amendment (1951)
• As a Response to Champakam Case, Parliament added ARTICLE 15(4) which created a way to provide reservation as special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
√ CASE LAW: M.R. Balaji v. State of Mysore (1962)
Issue: After the insertion of CLAUSE (4) in ARTICLE 15 by 1st Amendment, a number of orders were passed by the Mysore government under ARTICLE 15(4) reserving seats for admission to State Medical and Engineering Colleges for the 'backward classes' and the 'more backward classes' in addition to the seats. reserved for the SCs and STs. The government had designated the backward classes in these orders on the basis of caste and communities.
Held: 5 Judge bench of Supreme court held that
further categorisation of backward classes into backward and more backward classes is not envisaged by ARTICLE 15(4). For the purpose of ARTICLE 15 (4), backwardness must be both social and educational and the court acknowledged that caste plays a role in the social superiority and inferiority of people but still held that caste cannot be made the sole or dominant test for determining the backwardness. Court also capped the maximum reservation to up to 50%,
√ CASE LAW: Indra Sahwney v. Union of India (1992)
• Upheld that Reservation cant be more than 50%
• Also held that Economic reasons solely can't be called backwardness. It over ruled M.R. Balaji case in the regard that it said that there can be distinction of backward and more backward classes and emphasised that this is necessary, otherwise the portion that is a little advance in the backward classes will take up all the seats.
• We don't need proportionate reservation per se, but we need at least adequate representation in reservation
.Gave concept of Horizontal and Vertical reservation.
How much power does state have over Private Institutions?
√ CASE LAW: T. M. A. Pai Foundation v State of Karnataka (2003)
Held that the state could not make reservation of seats in admission in privately run educational institutions, In private institutions admissions could be done on the basis of common admission test conducted by the state or these institutions or on the basis of merit.
√ CASE LAW: Islamic Academy v. State of Kerela (2003)
State could fix quota for admissions but could not fix fee, admissions could be done on basis of entrance tests or merit.
√ CASE LAW: P.A Inamdar v. State of Maharashtra (2005)
Islamic Society Case was over ruled and the position of T.M.A. Pai Case was reiterated by not allowing state to make reservation of seats in admission in privately run educational institutions.
93rd Amendment (2006)
(Added to sort out the confusion of whether there can be reservation in private institutions or not)
CLAUSE (5) added which empowered state to make special provision like CLAUSE (4) but in relation to their admission to educational institutions (including private institutions) except minority institutions referred in ARTICLE 30(1).
CLAUSE (5) was added in order to make the private educational institutions share the burden of government educational institutions in providing the citizens with greater access to education. It enabled the State to make provisions for the advancement of the SCs, STs or SEBCs of citizens in relation to admission in educational institutions including private aided/unaided educational institutions.
√ CASE LAW: Ashok Kumar Thakur v Union of India (2008)
Addition of ARTICLE 15(5) was challenged as it was said to be violating the basic structure of the Constitution and it was also asked that whether exclusion of minority educational institutions from the purview of ARTICLE 15(5) is violative of ARTICLE 14 of the Constitution
The first issue was answered by the court in negative so far as it related to the State-maintained and aided educational institutions, the question was left open when it comes to 'private unaided' institutions. In relation to the second issue the court opined that minority educational institutions, by themselves, are a separate class and their rights are protected by other provisions of the Constitution.
CONCLUSION:
ARTICLE 15 has always hurdled its way in reaching out to the ones really in need. The condition of the downtrodden has greatly improved since its inception in 1949. It provides a base for each and everything that the legislature needs to formulate provisions to promote harmony in the society. There is an extreme decline in the number of cases of atrocities against the underprivileged classes. Article 15 truly is the guardian of the downtrodden and a shield against discrimination, it has helped the Indian society to stand tall and proud despite such a huge diversity and all kinds of sexism, racism and rigid caste system and will continue to contribute to India's unity and equality, forever.
It is important to note that ARTICLE 15 is very broad and states that there shall be no discrimination based on religion, race, caste, gender, or place of birth in any case. The term discrimination encompasses a wide range of issues and people have been discriminated against in many different ways throughout history. This article is intended to provide equal opportunities for citizens for the protection of their rights. ARTICLE 15 primarily seeks to ensure the social, economic, and educational advancement of the economically, socially, and educationally backward classes.
As a result of the existence of ARTICLE 15, the reservation has been the subject of the most significant disputes. There are a number of forms of reservation available to the weaker sections of society that cause distress. to the general group of people. Reservations are not intended to divide the population into general and reserved categories, but rather to assist the disadvantaged populations of the country. Even during the colonial era and afterwards, untouchability and discrimination were very common in the early centuries preceding British colonialism. The introduction of laws intended to protect the disadvantaged class has, however, resulted in some reduction in inequality. While one cannot say that there has been a complete removal of discrimination, it is reduced. Equality is mentioned in India's Constitution's preamble. In ARTICLE 15, the term is to be implemented widely throughout the Indian subcontinent.
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Article 12 of Indian Constitution
