Article 15 of Constitution of India

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Article 15 of the Constitution of India prohibits any kind of discrimination on the ground of religion, race, caste, sex or place of birth. Article 15 (1) states that the state shall not discriminate any citizen on the ground of religion, race, caste, sex, or place of birth. While 15(2) states that citizens will not discriminate on the grounds of religion, caste, race, sex, or place of birth in any public places such as public restaurants, hotels, theatre halls, or shops. They should not discriminate while using wells, tanks, bathing ghat, road, or any other facilities which are provided to the general public. Article 15(3) states that the state can make any law or special provision for the protection of women and children.

 

In Yusuf Abdul Aziz v. The state of Bombay (1954), the petitioner challenged the constitutionality of Section 497 of IPC which talks about adultery. But the court held that Section 497 doesn't violate the right to equality under Article 14 and 15 of the Constitution of India as women are the weaker section of society and they are required to be protected. Article 15(4) was inserted by the Constitution (first amendment) Act,1951 which was the outcome of judgment of the case - State of Madras v. Champakkam Dorairajan. In this case, it was held that reservation won't be given on religion, caste, or community basis. So, this clause states that the state can make any special provision for uplifting socially and educationally backward classes or for SC and ST.

 

In M.R Balaji v. the State of Mysore, the court held that backwardness must be both social and educational. The state can't protect solely on the basis of caste. The next thing was reservation won't exceed 50% and further categorization of backward class won't be valid. But this case was overruled by the Mandal Commission Case.

 

In Indra Sawhney v. Union of India ( Mandal Commission Case), the court held that caste can be the sole dominant test for getting protection from the state. The concept of the creamy layer was also introduced in this case which means that if the person from OBC is already uplifted in the society then they won't get any privilege from the state. It was also held that reservation shouldn't exceed 50% Article 15(5) states that the state shall make any special provision for uplifting socially and educationally backward classes or for SC and ST in educational institutions no matter whether they are aided or unaided. This article was inserted by the Constitution (Ninety-third Amendment) Act, 2005 which was the outcome of judgment of P.A. Inamdar's case.

 

 

 

 

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