ARTICLE 15

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 palaces 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

(3) Nothing in this article shall prevent the State from making any special provision for women and children

(4) Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

MEANING

Article 15 of the constitution states that discrimination should not be done on the basis religion, race, caste, sex or the place of birth which means that there should be no restriction for accessing anything which is opened or made for public use. Everyone is allowed to access any shop, hotel, hospital cinema hall or any other place which is for the public use .article also says if any individual is restricted from using the public facility which is available for general public . It will lead to the violation of his right. Whereas clause (3) & (4) of the article is referred to as the exception of article 15. As it says that the state can make special provision for women and children or for the advancement of any socially and educationally backward classes of citizens or for the scheduled caste and tribes. 

EXPLANATION

Article 15 is one of the fundamental right given to the citizens of India which states that  no discrimination should be done with any citizen of India on the basis of religion, race, caste, sex or the place of birth (re,ra,ca,s,p)

Article 15(1) states that no state is allowed to discriminate among people on the basis of re, ra, ca, s, p .if any state do so it will be void and will lead to violation of fundamental right of the citizen.

Article 15(2) states that if any citizen is being discrimination on all or any one of the ground or is being restricted from using anything which is made by the government for the general public use such as accessing to shops, hospitals, cinema halls or use of tanks, roads, water tanks or anything which is made for the use of society.

If any citizen is restricts from using it or available facility of the same, it will lead to the violation of the fundamental right of the citizen.

However, clause(3 )and (4) are referred to as the exception of the article 15.

As clause (3) says that state can make special provision which are made in favour of women and children and such provisions will not lead to be the ground of discrimination.

Clause(4) of the article 15 says that state can make special provisions if they are for the advancement or for the benefit of the

Socially and educationally backward classes of citizens means the weaker section who are backward in terms of social class and educational class.

Scheduled caste means those who are considered as untouchable in earlier times.

Scheduled tribes means those people who traditionally lives in forest. They are also called the tribe people.

Clause(4) gives special privilege to state for making special provisions as it will help these backward class of people to come in the mainstream of the society. As earlier they were treated to be marginalized and were not in the mainstream, so in order to improve these weaker class of people government had taken initiative by providing them reservation in the field of job, education which will help them to improve and match the mainstream of the society.

Clause (5) has been inserted by constitution(ninety-third Amendment) Act, 2005 which provides that nothing in article 15b or article 19(1)(g) prevent the state in making any special provision by law for the advancement of socially and educationally backward classes of citizen or for SC/ST in so far such special provision related to admission to educational institutions include private ones whether aided or unaided by state other than minority institution.

NEED AND IMPORTANCE

Need for article 15 arises in order to protect the discrimination which was in practice in various states, places, areas. As people were getting discriminating on the grounds of sex, caste, race, religion and place of birth which lead them to be treated as backward and were not able to maintain the balance in the society which act as a barrier in the society.

Therefore it was the need to make such law which prohibit the discrimination and to maintain the balance between the weaker section and other section of the society.

ARTICLE 16

 Equality of opportunity in matters of public employment

·      (1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State

·      (2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect or, any employment or office under the State

·      (3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment

·      (4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State

·      (5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination

MEANING

Article 16 provides equality of opportunity in matters of public employment. It states that all citizens must get equal opportunity and must not be discriminate on the basis of religion, race, caste, sex, descent, place of birth or residence. But this article too has exceptions which are stated in clause(3)(4)(5) as it says that a law can be made for the weaker section of the society in order promote them and bring them to the mainstream of the society.

EXPLANATION

Article 16 of the constitution deals with equality of opportunity in public employment.

Article 16(1) guarantee that there shall be equal opportunity for all citizens in the matter relating to employment or appointment to any office under the state. It means that every person will get equal opportunity to be eligible for a particular employment or job.

Article 16(2) states that no citizen shall be discriminate on the ground of race, religion, caste, sex, descent, place of birth or residence which means that every citizen must get equal opportunity in public employment or appointment of jobs.

If any person is being discriminate on the ground of clause (1) and (2) it will lead to the violation of the fundamental right of that person and a citizen can go in the court of law.

Whereas clause(3)(4)(5) of the article 16 is referred to as the exceptions of the article 16 of the constitution

Article 16(3) of the constitution states that parliament can make special laws for reservation in particular state . such reservation will not lead to the violation of clause(1)&(2)

In case of M R Balaji vs. Mysore court put 50% reservation in almost all states except Tamil Nadu (69% under 9^th schedule) and Rajasthan ( 68% quota including 14% for forward castes, post gujjar violence 2008) has not exceeded 50% limit. Tamilnadu exceeded limit in 1980 Andhra Pradesh tried to exceed limit in 2005 which was again stalled by high court.

Article16(4) states that a provision can be made for the reservation of any backward class of citizen which state thinks are not adequately being represented in the services in the state. It says that the class of condition is backward socially and educationally. The said class is not adequately represent in the state. The second condition should be interpret in the light of article 335. The claim of SC/ST shall be taken into consideration with the maintenance of efficiency of administration.

Article 16(5) states that nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.

In UOI v/s S.Kalugasalamoorthy held that when person is selected on basis of his seniority, the scope of considering him against reserved quota does not raise.

NEED AND IMPORTANCE

Need for article 16 arises in order to protect the discrimination which was in practice in various states , places, areas. As people were getting discriminating on the grounds of sex, caste, race, religion and place of birth which lead them to be treated as backward and were not able to maintain the balance in the society which act as a barrier in the society.

Therefore it was the need to make such law which prohibit the discrimination and to maintain the balance between the weaker section and other section of the society.

ARTICLE 17

ABOLITION OF UNTOUCHABILITY

“Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law.

MEANING

Article 17 of the constitution abolish untouchability and forbide untouchability neither defines in constitution or in any article. It refers to social practice which looks down upon certain depressed classes solemnly on account of birth and needs any discrimination against them on this ground.

EXPLAINATION

Untouchability is referred to as the social practice which look down upon certain depressed classes which are being discriminated from the mainstream of the society.

General statute related to untouchability

·      The protection of civil rights acts

Civil rights mean any rights acquiring to the person by reason of abolition by untouchability under article 17.

Punishment: min 1 year and max 2years imprisonment

·      Preventing any person from entering any place or public workshop denying any person from entering any public restaurant and places.

·      Insulting a member of depress class on the ground of untouchability. It is a crime.

NEED AND IMPORTANCE

Need for article 17 arises in order to protect the discrimination which was in practice in various states, places, areas. As people were getting discriminating on the grounds of being untouchable which lead them to be treated as backward and were not able to maintain the balance in the society which act as a barrier in the society.

Therefore it was the need to make such law which prohibit the discrimination and to maintain the balance between the depressed section and other section of the society.