Article 15
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to-
(a) access to shops, public restaurants, hotels and places of public entertainment; or
(b) The use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
Article 15
(3) Nothing in this article shall prevent the State from making any special provision for women and children.
(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
(First Amendment Act of 1951)
Article 15
(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.
(93rd Amendment Act of 2005)
Article 15
(6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of article 29 shall prevent the State from making,-
(a) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and
(b) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten per cent. of the total seats in each category.
(103rd Amendment Act of 2019)
Facts:
The State of Madras vs Champakam Dorairajan 1951 AIR 226, 1951 SCR 525
Constitution Bench (7 judges).
reservation in educational institutions
a Brahmin woman from the state of Madras, was denied admittance to the medical school in 1951 despite her qualifications.
This was based on the Communal Government Order issued by the Province of Madras or Madras Presidency in 1927, just before independence (Communal G. O.)
Issues:
The State of Madras vs Srimathi Champakam Dorairajan 1951 AIR 226, 1951 SCR 525
Article 46
46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.
Article 46 vs Article 15(1)
DPSP vs FR
Court:
The State of Madras vs Srimathi Champakam Dorairajan 1951 AIR 226, 1951 SCR 525
FR DPSP.
Upheld HC Madras order which overturned G.O.
Champakam Dorairajan Case-
FR superior DPSP
1st, 4th , 7th Constitutional Amendment Act passed. ( DPSP won)
Golaknath Case (1967):
Fundamental rights cannot be amended for implementation of DPSP.
DPSP won
4. 24th Amendment Act (1971) & 25rh Amendment Act (1971)
24th Parliament has the power to abridge or take away any of the FR by enacting constitutional amendment.
25th→
No Law shall be void which seeks to implement provisions of Article 39(b) & Article 39(c) on the ground of contravention of FR conferred by Article 14, Article 19, Article 31.
No such law shall be questioned in any court.
( DPSP)
5. Kesavananda Bharti Case (1973)
Basic Structure Doctrine.
No Law shall be void which seeks to implement provisions of Article 39(b) & Article 39(c) on the ground of contravention of FR conferred by Article 14, Article 19, Article 31. →Valid
No such law shall be questioned in any court. → Invalid
6. 42nd Amendment Act:
Extended the scope of provision of Article 31(C) (now any DPSP)
No Law shall be void which seeks to implement provisions of Article 39(b) & Article 39(c) on the ground of contravention of FR conferred by Article 14, Article 19, Article 31
DPSP
6. Minerva Mills Case:
FR (other than 14,19) then DPSP-Article 39(b) & Article 39(C) then Article 14, 19 then other DPSP.
Court: Balance.
“They are like two wheels of a chariot, one no less than the other”