Article 15 of the Indian constitution: It protects the individual from discrimination on the ground of caste, religion, sex, race or place of Birth.
This article protects the individual against discrimination by the state. It allows access to the public place by everyone. It seeks to end the discriminatory practice that prevailed in the Indian Society.
But at the same time, other clauses make provisions for the advancement of socially and educationally weaker sections of society. It enables the state to provide reservation in the educational institution so that living standard weaker section gets improved.
This article presents the state from making any discrimination only on the ground of caste, religion, sex, race or place of birth only. But if other criteria also get included on the basis of discrimination then the state is eligible to discriminate.
1. Reserving the Nursing profession of women only because females are considered more suitable as per our social custom and culture.
2. Reserving seats for males in the Army combat role due to the muscular strength of the male.
In these two examples, sex is not the only criteria rather other criteria are also included in it.
103rd Constitutional Amendment Act, 2018 has paved the way for reservation of seats in educational institutions for economically weaker sections of the society.
Article 15 of the Indian constitution :
Article 15(1): The state shall not discriminate against any citizen on the ground only on religion, race, caste, sex, place of birth or any of them.
Article 15(2): No citizen shall on the ground only of religion, race, caste, sex, place of birth or any of them be subject of any restriction, disability, liability or conditions with regard to
(a) Access of shop, public restaurants, hotels
(b) Bathing Ghats, Wells, Tanks, Roads maintained wholly or partially out of state funds or dedicated to the use of the general public.
Article 15(3): Nothing in this article that shall prevent the state from making any special provisions for women and children.
Article 15(4): Nothing in this article or Article 29(2)shall prevent the state from making any special provision for the advancement of any socially and educationally backward class of citizens or for SC/STs
Article 15(5): Nothing in this article or Article 19(1)(g) shall prevent the state from making any special provisions by law for the advancement of any socially and educationally backward classes of citizens or for the SC/STs in so far as such special provisions related their admission to educational institutions including private educational institutions whether aided or unaided by state, other than minority educational institutions referred to in Article 30(1).
Article 15(6): It has been added to provide reservations to the economically weaker section for admission to educational institutions whether aided or unaided by the state other than minority educational institutions (Article 30 (1)).
So various sub-clauses of Article 15 of the Indian constitution seek to bring exceptions to the provisions of this article so that special measures should be taken for the weaker section of the society. These weaker sections of the society include women, children, scheduled caste, scheduled tribes, another backward caste, economically weaker section of society.
It is one of the articles in Part III of the constitution. It deals with fundamental rights. As per this article, no person will be discriminated against on the basis of caste, religion, sex, race, place of birth or any of them.
It deals with the child, women. It allows the state to make law for the women, children, so that it should take any proactive action.
It deals with the power of the state to make law for the advancement of socially or educationally Backward Class including SC/ST.
It deals with the reservation made for the socially and educationally backward class of citizens including SC/ST in the educational institution.