The Prohibition of Discrimination on Certain Grounds in India’s Constitution stands as one of the most crucial pillars of equality and justice. It protects citizens from unfair treatment based on religion, caste, sex, race, or place of birth. These constitutional provisions—spanning Articles 15 to 18—embody India’s social transformation post-independence, ensuring dignity and opportunity for all. Understanding these articles is essential for students preparing for UPSC and competitive exams as they form the foundation of Fundamental Rights under Part III of the Constitution.
This section narrates how these articles emerged as a revolutionary step to eradicate centuries of inequality and privilege. They collectively address equality in public spaces, employment, and social interaction, while abolishing untouchability and hereditary titles.
Article 15 explicitly prohibits the State from discriminating against citizens based solely on religion, race, caste, sex, or place of birth. It establishes the foundation for India’s equality before law and social justice.
Article 15(1) forbids the State from making adverse distinctions, while Article 15(2) extends this to public spaces and private individuals. The use of the word ‘only’ in the clause implies that discrimination on other grounds may still be regulated if justified by law.
While Article 15 prohibits discrimination, it allows the State to make special provisions for certain groups to promote substantive equality.
The Central Educational Institutions (Reservation in Admission) Act, 2006 was enacted to operationalize these provisions, ensuring 27% reservation for OBCs in premier institutes like IITs and IIMs. The Supreme Court’s 2008 judgment upheld this with a key condition—exclusion of the ‘creamy layer’.
The term ‘creamy layer’ identifies advanced members of Other Backward Classes (OBCs) excluded from reservation benefits due to their economic or social progress.
Article 16 complements Article 15 by ensuring equal access to public employment and appointments under the State, irrespective of caste, gender, or faith.
Article 16(1) and (2) guarantee equality in employment, while sub-clauses allow reasonable exceptions for social justice and administrative needs.
Formed in 1979 under B.P. Mandal, this commission identified 3743 backward castes constituting about 52% of the population, excluding SCs and STs, and recommended 27% reservation for OBCs.
In the historic Indra Sawhney vs Union of India case, the Supreme Court (1992) upheld the 27% OBC reservation but struck down the 10% quota for higher castes. The Court outlined vital principles for fairness and constitutional balance.
Following the Supreme Court verdict, the government enacted several constitutional amendments to refine reservation policies and ensure equity.
Article 17 abolished untouchability and criminalized its practice, ensuring dignity for all citizens. This marked a moral and social revolution in Indian history.
The Act defines and punishes untouchability-related offences, empowering enforcement and extending Article 17’s spirit. It was strengthened in 1976 to impose stricter penalties.
The Supreme Court expanded the scope of Article 17, affirming that it binds both private citizens and the State. The State bears responsibility to eliminate discrimination in all forms.
To uphold equality and prevent hierarchical distinctions, Article 18 bans all non-academic and non-military titles, dismantling the legacy of colonial nobility.
The Article contains four key prohibitions that restrict title conferrals and foreign honors to protect the democratic ethos.
The Supreme Court (1996) upheld the legitimacy of national awards like Bharat Ratna and Padma Awards, affirming that they recognize merit and do not constitute prohibited titles.
Instituted in 1954, these awards were briefly discontinued in 1977 by the Janata Party and restored by Indira Gandhi in 1980. They continue as India’s highest civilian honors today.
The Articles 15 to 18 of the Indian Constitution serve as a moral compass ensuring social equality, justice, and dignity. They outlaw discrimination, untouchability, and hierarchical titles while promoting inclusive opportunities. For students and aspirants, mastering these articles is crucial for understanding the soul of constitutional governance and social justice in India.
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