Article 15 addresses discrimination and permits specified measures for the advancement of certain groups. It belongs to the Constitution's fundamental rights chapter. To understand a question about “art 15”, first identify the particular clause, the actor involved, and the treatment being challenged.
What does Article 15 prohibit?
Article 15(1) prohibits the State from discriminating against a citizen on grounds only of religion, race, caste, sex, place of birth, or any of them. Article 15(2) addresses specified restrictions on access to shops, public restaurants, hotels, places of public entertainment, and certain public facilities.
These clauses have different wording and scope. An analysis of a government policy should not simply be copied into a dispute about access to a public facility. Equally, residence and place of birth should not be treated as interchangeable without examining the relevant law.
What do clauses (3) to (6) cover?
| Clause | Main subject |
|---|---|
| 15(3) | Special provisions for women and children. |
| 15(4) | Advancement of socially and educationally backward classes, Scheduled Castes and Scheduled Tribes. |
| 15(5) | Specified admission-related measures, including for private educational institutions, with an exception for minority institutions under Article 30(1). |
| 15(6) | Specified measures for economically weaker sections, including admission-related provisions, subject to its wording and exceptions. |
These are enabling provisions. A particular benefit, reservation, or admission policy also depends on the applicable enactment, notification, and judicial interpretation. The constitutional text alone does not establish eligibility for a particular scheme.
Article 14, Article 15 and Article 16
Article 14 deals with equality before the law and equal protection of the laws. Article 15 addresses particular forms of discrimination and special provisions. Article 16 concerns equality of opportunity in public employment. For an employment dispute, check whether Article 16 is the more directly relevant provision. For a broader challenge to classification, Article 14 may also be relevant.
A checklist for a constitutional research note
- Identify the decision-maker: government department, institution, or another actor.
- Record the policy or conduct complained of and obtain the actual document.
- Identify the alleged ground of discrimination and the clause relied upon.
- Note who received different treatment and why that comparison is relevant.
- Check the applicable legislation, exceptions, and judgments before drawing a conclusion.
Keep factual allegations separate from constitutional arguments. A policy's title is not a substitute for its eligibility rules, and an isolated example is not a complete record of how it operates.
For more constitutional reading, see Article 370 and its Supreme Court judgment. Use Juniorlawyer's research features to organise a first research note, then check citations and propositions against the official text. Browse all Indian law guides for related topics.