This article has been written by Adv. Aishwarya Sandeep. 

Article 15 of the Constitution of India is a fundamental right that prohibits discrimination on various grounds. It aims to promote social equality and prevent discrimination based on religion, race, caste, sex, or place of birth. Article 15 reads as follows:

“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.”

Key features of Article 15:

1. Prohibition of Discrimination: Article 15(1) mandates that the State shall not discriminate against any citizen on the basis of religion, race, caste, sex, or place of birth. This ensures equal treatment and protection of rights for all citizens, regardless of their backgrounds.
2. Prohibition of Certain Disabilities: Article 15(2) further strengthens the prohibition of discrimination by specifying that no citizen shall be subjected to any disability, liability, restriction, or condition with regard to access to public places, facilities, or services based on the grounds mentioned in Article 15(1).
3. Protective Discrimination: While Article 15 prohibits discrimination, it allows the State to make special provisions for the advancement of socially and educationally backward classes, Scheduled Castes (SC), Scheduled Tribes (ST), and other marginalized sections of society. These special provisions, known as “protective discrimination” or “affirmative action,” aim to address historical disadvantages and uplift the disadvantaged groups.
4. Article 15(3): Article 15(3) empowers the State to make special provisions for women and children. This clause allows the government to enact laws or policies for their protection and empowerment.

Article 15 is a crucial provision in promoting social justice, equality, and inclusiveness in Indian society. It reinforces the principles of secularism and prohibits discrimination based on factors that should not affect an individual’s rights and opportunities. Additionally, it serves as a foundation for various affirmative action measures and reservation policies in education and public employment for the benefit of marginalized groups.