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UPSC MainsGeneral Studies Paper IIIndian PolityPractice question

Article 15 and Social Justice

Article 15 of the Indian Constitution plays a vital role in promoting the ideal of Social Justice. Discuss its various provisions and their significance in addressing inequality.

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Introduce Article 15 by highlighting its character as the cornerstone of substantive equality and non-discrimination. Systematically discuss clauses 15(1) through 15(6), explaining how each targets systemic inequality and enables affirmative action. Conclude by referencing recent judicial interpretations that maintain Article 15's dynamism in delivering transformative social justice.

Model answer

341 words

Introduction

Article 15 of the Indian Constitution is central to India's vision of substantive equality and egalitarian democracy. Exclusively available to citizens, it balances formal non-discrimination with targeted affirmative action, transforming the Constitution from a charter of negative liberties into a vehicle for systemic social justice.

Provisions of Article 15 and Their Significance in Addressing Inequality

Article 15 provides a comprehensive framework that operates both vertically against the State and horizontally against social discrimination, dismantling structural inequalities through the following dimensions:

  • Eradicating Segregation and Untouchability (Articles 15(1) and 15(2)): Prohibits discrimination by the State and private entities in access to public places, wells, tanks, and shops on grounds only of religion, race, caste, sex, or place of birth. Its horizontal application against private parties acts as an institutional shield against historical caste prejudices and civic exclusion.
  • Protective Discrimination for Vulnerable Demographics (Article 15(3)): Empowers the State to create special provisions for women and children. This enables targeted welfare and protective legislation, such as the POSH Act and maternity benefit laws, while serving as a constitutional tool for striking down patriarchal practices (e.g., Joseph Shine v. Union of India, 2018).
  • Educational Affirmative Action for Marginalized Classes (Articles 15(4) and 15(5)): Added via the 1st and 93rd Constitutional Amendments, these clauses enable special provisions and reservations for Scheduled Castes (SCs), Scheduled Tribes (STs), and Socially and Educationally Backward Classes (SEBCs) in educational institutions, including private aided and unaided institutions. This facilitates structural reparations and redistributive educational access.
  • Economic Justice and Income Inequality (Article 15(6)): Introduced via the 103rd Constitutional Amendment Act, 2019, it provides up to 10% reservation in educational admissions for Economically Weaker Sections (EWS). It acknowledges economic deprivation independent of social identity, expanding the social justice umbrella to address poverty-induced exclusion.

Conclusion

Recent judicial pronouncements, such as the Supreme Court's ruling in State of Punjab v. Davinder Singh (2024) permitting sub-classification within Scheduled Castes, illustrate the living nature of Article 15. Ensuring that protective measures continuously target the most disadvantaged remains vital for realizing Dr. B.R. Ambedkar's vision of true social democracy.

Key facts to remember

definition
Horizontal Application of Fundamental Rights

The legal enforceability of constitutional rights not merely against the State (vertical application) but also against private individuals or non-state entities, as seen under Article 15(2) regarding access to public shops, restaurants, and wells.

case study
State of Punjab v. Davinder Singh (2024)

A seven-judge Constitution Bench held that States are permitted to sub-classify reserved categories (SCs/STs) to grant preferential treatment to more marginalized subgroups, reinforcing substantive equality under Articles 15 and 16.

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

The Supreme Court upheld the constitutional validity of the 103rd Amendment (Article 15(6) and 16(6)), affirming that economic criteria alone can form a valid classification for affirmative action.

scheme
103rd Constitutional Amendment Act, 2019

Amended Articles 15 and 16 to insert clauses 15(6) and 16(6), enabling up to 10% reservation for Economically Weaker Sections (EWS) of citizens in educational institutions and public employment.

Frequently asked questions

Does Article 15 apply to foreign nationals residing in India?

No. Article 15 is explicitly restricted to Indian citizens only. Non-citizens cannot claim fundamental rights under Article 15, although they are protected by provisions like Articles 14, 20, and 21.

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