Article 15 of Indian Constitution

Article 15 of Indian Constitution indianconstitutions.com/article-15-of-indian-constitution hari

May 27, 2020

Introduction – (Article 15 prohibition of discrimination on the ground of religion, race, caste, sex, or place of birth) Article 15 of Indian Constitution says that the state shall not discriminate against any citizens on the grounds only of faith, race, caste, sex, or place of birth. the two crucial words during this provision are ‘discrimination’ and ‘only’. the word ‘discrimination’ means ‘to make an adverse distinction with respect to’ or ‘to distinguish unfavorably from others’. they use the word ‘only’ connotes that discrimination on other grounds is not prohibited.

Article 15 of Indian Constitution

Article 15 (prohibition of discrimination on the ground of religion, race, caste, sex, or place of birth.)

1. The state shall not discriminate against any citizen on grounds solely of faith, race, caste, sex, place of birth, or any of them.

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2. in Article 15 of Indian Constitution no citizen shall, on grounds only of faith, race, caste, sex, place of birth or any of them, be them, be subject to any incapacity, liability, restriction, and condition with respect to – (a) access to retailers, public restaurants, building and place of public entertainment; (b) the utilization of wells, tanks, bathing Ghats, roads and places of public resort maintained entirely or part out-of-state funds or dedicated to the utilization of the general public.

3. Article15 will nothing prevents the state from creating any special provision for women and kids.

4. Nothing in Article 15 or in sub-clause (2) of Article (29) shall stop the state from creating any special provision, for the advancement of any socially and educationally backward classes of voters or for the scheduled caste and scheduled Tribes.

5. Nothing in Article 15 or in sub-clause (g) of clause (1) of Article 19 shall stop the state from creating any special provision by law for the advancement of any socially and educationally backward categories of citizens are for schedule caste and scheduled Tribes is thus far in and of itself special provisions associated with their admission to the educational institution as well as a personal institution whether or not aided or unaided by the state aside from the minority educational institution stated clause (1) of Article 30.

Creamy Layer (Article 15 of Indian Constitution) Children of the following different categories of people belong to the creamy layer among OBCs and thus will not get the quota benefit.

The person holding constitutional posts like the president, VicePresident, judges of the supreme court, Highcourt, Chairman and member of UPSC, SPSCs, CEC, CAG, and so on.

Group’ A’/ class 1 and Group ‘B’ / class II officers of All India, Central and state services, and employees holding equivalent posts in PSUs, Banks, Insurance organization, Universities, etc., and also in private employment 2/4

Persons who are within the rank of colonel and higher than the army and equivalent posts in the Navy, the Airforce, and parliamentary forces.

Professionals like doctors, lawyers, engineers. artist, authors, consulted, and so on.

People engaged in trade, business, and trade.

Person holding agricultural land higher than the exact limits and vacant land or buildings in urban areas. persons having a gross annual income of quite 6 lakh are processed wealth higher than the exemption limit.

In 1993, when the �creamy layer� ceiling was introduced, it had been 1 lakh. it had been afterward revised to 2.5 lakh in 2004, 4.5 lakh in 2008, and 6 lakh in 2013.

Champakam Dorairajan vs State of Madras Case (Article 15 (4) ) The State of Madras reserve some seats in an educational institution for backward classes this was a challenge in the case of Champakam Dorairajan vs State of Madras 1951 in which supreme court held that such reservation discriminated based on caste which is prohibited by Article 15 (1) held that Article 46 cannot overbear on article 15 of Indian Constitution and so such a provision is unconstitutional. due to this decision constitution was amended for the first time and class 15 (4) was added to article 15. this clause says that no provision of Article 15 or 29 (2) shall prevent the state from making special provisions for socially and educationally backward classes of citizens or for SCs and STs. it aloud the states to provide reservations to backward class in the educational institutes as well.

Inamdar Case and 93rd amendment ( Article 15 of Indian Constitution) In Inamdar case, 2005 supreme court done away with the reservation for SCs, STs in unaided private professional institution 93rd amendment was done to nullify Inamdar verdict and it goes beyond that 93rd amendment widened the scope of reservation by extending it to all aided

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and unaided private educational institution and not merely professional education institution however minority educational institution is exempted mandated by article 29 (2).

Criteria of Exempting minority Institutions Criticism of Exempting minority institutions minorities was exempted so that they can advanced educational and socio-economic progress among them could take place. It is also good for National integration but these provisions criticized certain grounds- it is in a violation of right to equality as to the class of educational institutions are differentiated merrily on their minority status. Abuse of the right by the members of linguistic and religious minority simplify profiteering. At least the weaker section among the minorities especially Muslim and Christian of Dalit. and OBC origins could get the benefit of reservation in an unaided minority institution.

Article 15 of Indian Constitution and social justice Article 15 of Indian Constitution and social justice- Preferential treatment in favour of SC / ST and OBC regarding educational institution is based on Article 15. It is also exempt from minority educational institutions so that the educational advancement of Read more‌ For more notes and references pls visit – https://www.indianconstitutions.com/ Also, read about it: List of 12 schedules of Indian Constitution All Salients Featuers of Indian Constitution Article 20 of Indian Constitution Article 16 of Indian Constitution Article 21 of Indian Constitution Preamble of Indian Constitution

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