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UPSC MainsGeneral Studies Paper IIIndian PolityPractice question

Prohibition of Discrimination and Social Justice under Article 15

On what grounds does Article 15 of the Indian Constitution prohibit discrimination? Indicate the way the concept of Social Justice qualified this prohibition and contributed to social change.

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How to approach

Begin by identifying the specific grounds of prohibition under Article 15(1) and the horizontal application under Article 15(2). Next, explain how social justice qualifies this general rule through affirmative action clauses (Articles 15(3) to 15(6)) to achieve substantive equality. Finally, elaborate on how these qualifications have driven structural social change, concluding with a forward-looking perspective on constitutional transformation.

Model answer

417 words

Introduction

Article 15 of the Indian Constitution is a cornerstone of the fundamental right to equality, ensuring that the State does not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth, or any of them. While Article 15(1) binds the State, Article 15(2) extends horizontal protection to public spaces, ensuring equal access to shops, public restaurants, wells, and roads maintained out of State funds.

Grounds of Prohibition under Article 15

The Constitution prohibits discrimination against any citizen on five specific grounds: religion, race, caste, sex, or place of birth. The deliberate use of the word 'only' in Article 15(1) implies that discrimination based on these grounds combined with other intelligible criteria (such as merit, qualification, or physical fitness) is permissible.

How the Concept of Social Justice Qualifies this Prohibition

To move beyond passive 'formal equality' and realize 'substantive equality', the Constitution qualifies the non-discrimination mandate through enabling provisions for affirmative action:

  • Protective Discrimination for Women and Children (Article 15(3)): Empowers the State to make special provisions to rectify structural disadvantages faced by women and children, enabling laws such as the Maternity Benefit Act and the POSH Act.
  • Advancement of Socially and Educationally Backward Classes (Article 15(4)): Added by the 1st Constitutional Amendment Act (1951) following the State of Madras v. Champakam Dorairajan case, allowing special measures for the advancement of SEBCs, Scheduled Castes (SCs), and Scheduled Tribes (STs).
  • Reservations in Educational Institutions (Article 15(5)): Introduced via the 93rd Constitutional Amendment Act (2005), enabling affirmative action in admissions to higher educational institutions, whether aided or unaided, excluding minority institutions.
  • Economic Criteria for Social Justice (Article 15(6)): Inserted through the 103rd Constitutional Amendment Act (2019), this provision allows up to 10% reservation for Economically Weaker Sections (EWS), widening social justice to include economic vulnerability, as upheld in the Janhit Abhiyan case (2022).

Contribution to Progressive Social Change

  • Dismantling Historical and Caste-Based Barriers: Article 15(2) legally dismantled the practice of untouchability and exclusion from civic spaces, establishing a foundation of shared civic fraternity.
  • Democratization of Higher Education: Educational reservations enabled by Articles 15(4) and 15(5) have improved the Gross Enrolment Ratio (GER) of historically marginalized communities, fostering social mobility.
  • Gender Empowerment: Protective legislation has created safer workplaces, promoted financial independence, and challenged entrenched patriarchal norms across public and private spheres.

Conclusion

Article 15 balances formal non-discrimination with substantive social justice, functioning as a vital constitutional instrument. By allowing targeted affirmative action, it transforms formal equality into meaningful social democracy and fosters an inclusive welfare society.

Key facts to remember

definition
Substantive Equality

A constitutional principle that recognizes that equal treatment of people in unequal situations perpetuates injustice, requiring affirmative state action to ensure equality of opportunity and outcomes.

case study
Janhit Abhiyan v. Union of India (2022)

The Supreme Court upheld the validity of the 103rd Constitutional Amendment Act, affirming that economic criteria alone can form a valid basis for affirmative action under Article 15(6).

scheme
103rd Constitutional Amendment Act, 2019

Amended Articles 15 and 16 to provide up to a 10% reservation for Economically Weaker Sections (EWS) in higher education admissions and public employment.

Frequently asked questions

Why does Article 15 permit reservations despite prohibiting discrimination?

Article 15 prohibits discrimination based 'only' on specific identities, but clauses 15(3) to 15(6) qualify this to enable affirmative action, ensuring substantive equality for historically disadvantaged groups.

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