Article 15 of indian constitution notes. Article 15 and 16 with short explanation Our Legal World 2022-10-29
Article 15 of indian constitution notes Rating:
Article 15 of the Indian Constitution is a fundamental right that prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. It states that "the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them." This article is an important part of the Indian Constitution because it ensures that all citizens are treated equally and with dignity, regardless of their background or identity.
Article 15 is a crucial provision that helps to promote equality and justice in India. It protects the rights of marginalized communities, such as Dalits (formerly known as "untouchables") and women, who have historically faced discrimination and abuse in Indian society. By prohibiting discrimination on the basis of religion, race, caste, sex, and place of birth, Article 15 ensures that all citizens have the opportunity to participate fully in society and to enjoy the same rights and privileges as others.
The Article also allows the State to take affirmative action to ensure that disadvantaged groups have equal access to education, employment, and other opportunities. For example, the Indian government has implemented quotas for certain reserved categories, such as Scheduled Castes and Scheduled Tribes, in education and employment, to ensure that these groups have equal access to these opportunities.
However, while Article 15 is a powerful tool for promoting equality and justice in India, it has its limitations. For example, it does not address issues of discrimination based on factors such as sexual orientation, gender identity, or disability. Moreover, the implementation of affirmative action policies has often been controversial, with some arguing that they perpetuate a system of discrimination rather than promoting true equality.
In conclusion, Article 15 of the Indian Constitution is a vital provision that ensures that all citizens are treated equally and with dignity, regardless of their background or identity. It is an important tool for promoting equality and justice in India, although it has its limitations. It is crucial that the government and society continue to work towards ensuring that all citizens have equal access to opportunities and are treated with respect and dignity.
Detailed Important Articles in Indian Constitution [UPSC Indian Polity Notes]
Thought of this legislation to be carte blanche complete freedom to act as one wishes to impose differential benefits and ostensibly to the advantage of women at the cost of burdening men may ponder in your mind. There are certain articles in the Constitution of India which provide for special state provisions and allow for the formulation of the area-wise reservation to provide opportunity and facilities for the local people of the state in the matters of public employment and education, and different provisions might be for different parts of the state. The practice of discriminating on the basis of gender is not new either. As a result of S. It provides every Indian with equality of status and opportunity. This piece aims to inform the readers about the meaning of article 15, the purpose of Article 15 and also state the various landmark judgments related to article 15.
Following table mentions about articles with special provisions for different states are: Article 371 Special provisions for the state of Maharashtra and Gujarat. Section 354 is contrary to Article 15 1. Thus the concept of reservation within reservation emerged to uplift those underprivileged communities of the reserved categories. But it is justified as it compensates for early injustice met by women and children at the hands of a male-dominated society. Visit to know more about Fundamental Rights The constitution gives every citizen 6 fundamental rights.
Â In order to determine if such discriminatory practices are compatible with the right to equality, different tests have been devised and used from time to time, such as the reasonable classification, suspicious classification, or classification that lies between the two. Mumbai, Delhi, Kolkata, and Chennai. ARTICLE 15 Article 15 prohibits discrimination on certain grounds of religion, race, caste, sex or place of birth. Clause 4 under Article 15 was thus introduced for the purpose of helping the socially and educationally disadvantaged citizens without violating any other provisions. A basic understanding of the Constitutional Law is a must for every individual. The government does not have the right to discriminate against any educational institution just because the minority group is operating it. What is article 15? Â Â Â Clause 2 of Article 15: Under Article 15 2 , it is prohibited for an Indian citizen to discriminate against another Indian citizen on the grounds as outlined in Clause 1.
All You Need To Know About Article 15 of Indian Constitution
Agriculture University, Hyderabad 1993 In this case, it was held that a girl of a high caste who married a boy belonging to Scheduled Tribes is not eligible for the privilege of reservation available to Schedules Tribes as the girl originally belonged to a high caste. First, in the State Of Madras v. Â Further, in Paramjit Singh v. The word discrimination here means to make an adverse or unfavourable distinction between the persons. Hence, it is Article 14 whose aims Article 15 tries to achieve. Caste disabilities removal act 1850 is another act that was repealed recently by the central government of India.
People have started misusing it. Let us now try to examine the clauses one by one. Further, no acceptable reasoning was provided to show why the provision regulates religious and charitable bequests of Christians alone. Regardless of their religion, race, caste, sex or place of birth, the state may treat them differently, but it may not discriminate against them in these ways. It took the committee three years to draft the constitution, holding eleven sessions over 165 days.
In Yusuf Abdul Aziz v. Gandhi The first question that comes to my mind after reading this is why do humans discriminate? Cases related Article 15 very important to understand Nainsuphdas vs. The place of birth and place of residence can be different for a single individual. Article 15 is of extreme importance to maintain equality and justice in the country. It includes the fundamental principles governing the Union and its territories; states and various rights; Executive, legislature and judiciary; Emergency provisions, etc. Article 15 3 can be challenged and can be restricted by Court by applying doctrine of reasonable classification and any special provision made and based by virtue of Article 15 3 can be based on intelligible differentia. Clause 1 of Article 15 prohibits discrimination by the State, whereas clause 2 of Article 15 prohibits both the State and citizens from making such discrimination.
The Constitution of India is the supreme law of the country. From article 15 3 onwards, the constitution provides for protective discrimination. Some members of the Assembly wanted additional protected grounds, including a prohibition on discrimination based on family and descent. It is illegal and unjust to restrict or prevent access to a public place established by the state exclusively for public use. It allows the state to enact laws and provisions relating to the advancement of socially and educationally backward classes and the scheduled castes and scheduled tribes. In the case of M Thomas v State of Kerala 7 , Justice V.
Article 15 of the Constitution: Prohibition of Discrimination
Even after its enactment, the constitution has been amended 104 times, the latest one came on 25 January 2020. One of the major reasons for this can be a lack of appropriate punishments and an inability of people to adapt. Â You might think, though this theory helps resolve problems of social inequality, what about the sensitive jobs requiring a greater skill set the medical field, army, etc? The Constitution 93 rd Amendment Act, 2005 The Constitution 93 rd Amendment Act of 2005 modified Article 15, adding a new clause 5. This leaves the more eligible candidate to give their seat to a person belonging to a reserved category. Â Â Â Clause 5 of Article 15: Article 15 5 states that nothing in Article 15 or Article 19 1 g prevents the Government from making special legal provisions to improve the lives of socially and educationally backward citizens as well as those from Scheduled Castes and Scheduled Tribes. The movie revolves around the story of an inspector investigating a murder mystery of three girls belonging to the backward caste in Banaras. We have provided a 600-word essay on article 15 of the Indian constitution and a 200-word essay on article 15 of the Indian constitution for children and school going students.
This provision forbids both State and private individuals to discriminate among the citizens. The 124 th Amendment Bill, provides a benefit to financially weaker sections of the society by providing them reservation in higher educational institutions, including private institutions whether aided or unaided by the State other than the minority educational institutions referred to in article 30 of the constitution and also provides for reservation for them in posts in initial appointment in services under the State. These powers have been given to the State so that it can create such provision which can help these sections rise up and become equals to the other sections of the society. . The state can make special provisions for the betterment of the socially and economically backward sections of the society or for the SCs and STs. In another significant case of John Vallamattom v. The number 10 is the most significant.