Article 15 of The Constitution of India (Original Text):
Prohibition of discrimination on grounds of religion, race, caste,
sex or place of birth.—
- (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 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.
- (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,—
- (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 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, 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. Explanation.—For the purposes of this article and article 16, “economically weaker sections” shall be such as may be notified by the State from time to time on the basis of family income and other indicators of economic disadvantage.
Explanation-Article 15 of The Constitution of India:
1. Prohibition of Discrimination
- Main Principle:
- The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth, or any of them.
2. Specific Prohibitions
- Access and Usage Rights:
- 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.
- (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. Special Provisions for Women and Children
- Clause (3):
- Nothing in this article shall prevent the State from making any special provision for women and children.
4. Special Provisions for Socially and Educationally Backward Classes
- 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:
- Socially and educationally backward classes of citizens.
- Scheduled Castes (SCs).
- Scheduled Tribes (STs).
5. Special Provisions for Admission to Educational Institutions
- 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 of citizens.
- Scheduled Castes (SCs).
- Scheduled Tribes (STs).
- This includes their admission to educational institutions, both private and public (aided or unaided by the State), excluding minority educational institutions referred to in clause (1) of article 30.
6. Special Provisions for Economically Weaker Sections
- 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:
- (a) Any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5).
- (b) Any special provision for the advancement of economically weaker sections of citizens (excluding the classes mentioned in clauses (4) and (5)) regarding their admission to educational institutions (including private educational institutions, whether aided or unaided by the State, excluding minority educational institutions referred to in clause (1) of article 30), with reservations in addition to the existing reservations and subject to a maximum of ten percent of the total seats in each category.
Explanation:
- For the purposes of this article and article 16, “economically weaker sections” shall be such as may be notified by the State from time to time based on family income and other indicators of economic disadvantage.
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