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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.
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.)
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.
Then 1st Amendment 15(4).
Article 15
(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)
Balaji Vs. State of Mysore, 1963 (68% reserved for SEBCs, SCs, STs in medical & Engineering college.)
- SEBCs backward & more backward.
15(4) challenged!
Q: Extent? 50%
Q: Further Qualification? Can’t
Q: Criteria? Caste cannot be only criteria. Weaker section.
Mandal Commission Case (Indira Sawhney Vs. Union of India, 1992)
Mandal ~Economic basis?, Reservation? 27% reservation?
27% ok, creamy layer!
No reservation in promotion.
Carry forward rule.
Caste cannot be sole criteria
Reservation cannot 50%
Economically? Can’t 15(4)~ social & Educationally backwardness
77 Amendment, 1995-This Act aimed at extending reservations for promotions in jobs for the Scheduled Castes and Scheduled Tribes (SCs and STs).
81st Constitutional Amendment Act, 2000: It introduced Article 16(4B), which says unfilled SC/ST quota of a particular year, when carried forward to the next year, will be treated separately and not clubbed with the regular vacancies of that year.
85th Constitutional Amendment Act, 2001: It provided for the reservation in promotion can be applied with ‘consequential seniority’ for the government servants belonging to the SCs and STs with retrospective effect from June 1995.
T.M Pai Foundation vs. State of Karnataka, 2003
P.A. Inamdar vs. State of Maharashtra, 2005
Ashoka Kumar Thakur V UOI (93rd challenged).
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)