Article 15 Prohibition of Discrimination | Kerala PSC Graduate

Article 15 of the Indian Constitution, which falls under Part III (Fundamental Rights), is a crucial provision that prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. This topic carries significant weight in the Kerala PSC exam, as it is a fundamental aspect of Indian polity and has been subject to various interpretations and amendments over the years. Aspirants must have a thorough understanding of Article 15, its provisions, and related Supreme Court judgments to excel in the exam.

Introduction to Article 15

Article Number	Provision	Part of the Constitution
Article 15	Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth	Part III (Fundamental Rights)
Article 15(1)	The State shall not discriminate against any citizen on grounds of religion, race, caste, sex, or place of birth	Part III (Fundamental Rights)
Article 15(2)	No citizen shall, on grounds of religion, race, caste, sex, or place of birth, be subject to any disability, liability, restriction, or condition	Part III (Fundamental Rights)

Key Supreme Court Judgments

• The Supreme Court, in the case of Kesavananda Bharati v. State of Kerala (1973), upheld the validity of Article 15 and emphasized its importance in ensuring equality and non-discrimination.
• In the case of Indra Sawhney v. Union of India (1992), the Supreme Court clarified the scope of Article 15 and its relationship with Article 16, which deals with equality of opportunity in public employment.
• The Supreme Court, in the case of Ashok Kumar Gupta v. State of U.P. (1997), held that Article 15 applies to both public and private institutions, and that discrimination on grounds of sex is prohibited.

Constitutional Amendments

• The Constitution (First Amendment) Act, 1951, introduced Article 15(4), which enables the State to make special provisions for the advancement of any socially and educationally backward classes of citizens.
• The Constitution (Seventh Amendment) Act, 1956, introduced Article 15(5), which enables the State to make special provisions for the advancement of any socially and educationally backward classes of citizens in relation to admission to educational institutions.
• The Constitution (Ninety-third Amendment) Act, 2005, introduced Article 15(5), which enables the State to make special provisions for the advancement of any socially and educationally backward classes of citizens in relation to admission to educational institutions, including private unaided institutions.

Provisions of Article 15

• Article 15(1) prohibits the State from discriminating against any citizen on grounds of religion, race, caste, sex, or place of birth.
• Article 15(2) prohibits any citizen from being subject to any disability, liability, restriction, or condition on grounds of religion, race, caste, sex, or place of birth.
• Article 15(3) enables the State to make special provisions for women and children, which may include provisions for their protection and welfare.

Relationship with Other Articles

Article Number	Provision	Relationship with Article 15
Article 14	Equality before law	Article 15 is a specific application of the principle of equality enshrined in Article 14
Article 16	Equality of opportunity in public employment	Article 15 and Article 16 are complementary provisions that ensure equality and non-discrimination in public employment
Article 21	Protection of life and personal liberty	Article 15 and Article 21 are related provisions that ensure the protection of life and personal liberty, and prohibit discrimination on grounds of religion, race, caste, sex, or place of birth

Important Cases and Judgments

• The case of State of West Bengal v. Anwar Ali Sarkar (1952) is an important judgment that clarified the scope of Article 15 and its relationship with Article 14.
• The case of Chiranjit Lal Chowdhuri v. Union of India (1951) is another important judgment that dealt with the issue of discrimination on grounds of place of birth.
• The case of D.P. Joshi v. State of Madhya Bharat (1955) is a landmark judgment that upheld the validity of Article 15 and emphasized its importance in ensuring equality and non-discrimination.

Impact of Article 15 on Indian Society

• Article 15 has had a significant impact on Indian society, as it has helped to promote equality and non-discrimination on grounds of religion, race, caste, sex, or place of birth.
• The provision has enabled the State to make special provisions for the advancement of socially and educationally backward classes of citizens, which has helped to promote social justice and equality.
• Article 15 has also helped to protect the rights of women and children, and has enabled the State to make special provisions for their protection and welfare.

Quick Recap for PSC

• Article 15 of the Indian Constitution prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
• The Supreme Court, in the case of Kesavananda Bharati v. State of Kerala (1973), upheld the validity of Article 15.
• The Constitution (First Amendment) Act, 1951, introduced Article 15(4), which enables the State to make special provisions for the advancement of any socially and educationally backward classes of citizens.
• Article 15 is a specific application of the principle of equality enshrined in Article 14.
• The case of Indra Sawhney v. Union of India (1992) clarified the scope of Article 15 and its relationship with Article 16.
• Article 15 applies to both public and private institutions, and discrimination on grounds of sex is prohibited.
• The Constitution (Ninety-third Amendment) Act, 2005, introduced Article 15(5), which enables the State to make special provisions for the advancement of any socially and educationally backward classes of citizens in relation to admission to educational institutions.