Article-15.pptx

Remove Disability + Create Opportunity

DISCRIMINATION - difference in treatment or unfavorable distinction

POSITIVE DISCRIMINATION - favourable distinction

1. Article - 15 PROHIBITION OF DISCRIMINATION ON GROUNDS OF RELIGION, RACE, CASTE, SEX OR PLACE OF BIRTH SHASHWATA SAHU

2. Relationship between Article - 14, 15 & 16 QUALITY = (-) + (+) ARTICLE - 14 ARTICLE - 15 ARTICLE - 16 RIGHT TO EQUALITY (ARTICLE 14 to 18) Remove Disability + Create Opportunity

3. Article 15 is the weapon that breaks the barriers of the upper caste and lower caste Let us know what is Article - 15 & Why is it important for the largest democracy in the world ? (India) RELIGION RACE CASTE SEX PLACE OF BIRTH

4. ARTICLE - 15 (1) No discrimination against citizens Article 15(1) prohibits the state from discriminating any citizen on the basis of these following 5 categories : 1.Religion – No person can be discriminated against on the basis of religion in order to access any public place etc… 2.Race – Any person’s origin shouldn’t be a basis of discrimination. 3.Caste – Mainly discrimination on the basis of caste is prohibited. This prevents the crimes committed against lower castes. 4.Sex – Gender of any particular individual can’t be a basis in order to discriminate. 5.Place of Birth – Any person's place of birth can’t be taken into consideration and discriminate against them. Any of the above.

5. DISCRIMINATION - difference in treatment or unfavorable distinction POSITIVE DISCRIMINATION - favourable distinction In Article -15(1) the prohibition is against the State but not against private persons. D.P. Joshi v. State of Madhya Pradesh (1955) ● Place of birth and Place of residence both are not the same. ● Therefore, they should not be taken in the same sense. ( Birthplace is the location where a person was born while Residence is the place where one lives)

6. Article - 15 (2) No discrimination as to use or access to public places Article 15(2) lays down that no individual shall be subjected to any disability, restriction, or any other form of discrimination with regard to: In access to shops, parks, restaurants, hotels or any other public place. Each and every individual has the right to use wells, tanks, bathing Ghats, roads, visit public resorts and any other place which are maintained by government authority for the general public. Article 15(2) applies to every individual which includes private actions while Article 15(1) alludes to all the obligations done by the State only. Nainsukhdas v. State of Uttar Pradesh (1953) ● Article - 15(2) was invoked in this case ● The State shall not discriminate any individual Article - 15 (3),(4)&(5) create exceptions to Article-15 (1)&(2)

7. Article - 15 (3) Special provisions for women and Children ● Nothing in this article shall prevent the state from making any special provision for women and children. ● Exception to Clause (1) & (2) ● Under this article, the court had upheld the validity of legislation or executive orders discriminating in favour of women. ● The main question which has been raised under this Article is whether section 497 of IPC contradicts the provisions stated in Art 14 and Art 15(3)? Yusuf Abdul Aziz v. State of Bombay (1954) ● Sec.497- men can commit the crime of adultery & punished for the same. ● Women shall not be punished as an abettor, as this would offend Article 14 & 15(3).

8. Joseph shine v. Union of india (2018) ● Adultery was decriminalized since it was violating Article 14, 15 & 21 of the Indian Constitution. ● Hence, it is no longer treated as a crime, rather it can only act as a reason for divorce. Example of special law under Art.15(3) Parliament Reservation for Women Special sitting arrangement Child Labour (Prohibition & Regulation Act), 1980

9. Article - 15 (4) Advancement of Backward Classes ● Added by the 1st Amendment Act of the Constitution, 1951. ● This article permits the State to make special provision for the advancement of - Socially & Educationally backward classes of citizens (Art.342A) Schedule Castes (Art.341) Schedule Tribes (Art.342) State of Madras v. Champakam Dorairajan (1951) ● This case led to the insertion of Art.15(4) in COI. ● 1st major judgement deal with Reservation in India. ● Only on the basis of religion & caste you would not give reservation to communal line.

10. M.R. Balaji v. State of Mysore (1963) Merit Pool 32 % Reservation 68 % ● After Art.15(4) came in force, Mysore release a Govt. order that, all Medical & Engineering Colleges have reservation. Backward Class - 28% More Backward Class - 22% Schedule Caste - 15% Schedule Tibes - 3% ● SC strike out this Govt. order & said - For determination of backward classes Backwardness must be both Social & Educational Caste cannot be sole dominant test Reservation should be less than 50% Further categorisation is not valid Positive Discrimination should be the basis of advancement of society at large.

11. ● Art.15(4) is an enabling provision. It mearly confers discretion on the State to make special provisions. ● It does not impose any obligation on the State to take any action under it. ● It doesn't confer any right on these classes to compel the State to make such provision. Indra Sawhney v. Union of India (1993) Mandal Commission Case ● Caste can be an important or even sole factor in determining the social backwardness and that poverty alone cannot be such a criterion.

12. Article - 15 (5) Special provision relating to admission to educational institutions ● Under this article the State is empowered to make provisions which help in upliftment of SEBC or SCs or STs. ● Under this article the State is empowered to make provisions which includes Educational Institutes whether aidded or unadded by the State, irrespective of the minority educational institutes which are referred to in Article-30(1). ● Introduced by 93rd Amendment Act, 2005

13. PRAMATI EDUCATIONAL & cultural trust v. UOI (2014) ● The main concept of Art.15(5) was invoked in this case. ● ISSUE - Whether insertion of Art.15(5) by the Constitution under 93rd Amendment has altered the basic framework of the Constitution or not ? ● JUDGEMENT - No rights were being harmed or violated under Article - 14, 19(1)g & 21 of COI. Inserting Art.15(4) under 93rd amendment acted as an ENABLING SECTION & hence it is clearly held to be valid Similar Case - TMA Pai Foundation v. State of Karnataka (2002) Right to establish & running educational institutions is an occupation within the meaning of Art.19(1)g. Ashok Kumar Thakur v. Union of India (2008) P. A. INAMDAR v. STATE OF MAHARASHTRA (2005) - In Unaided / Private Institution, State have no control, they can take admission in their own interest.

14. Article - 15 (6) { EWS} ● Added by 103rd Amendment Act, 2019 ● This article empowers the state to make provisions for the advancement of “Economically Weaker Sections” of the society, which would even include Reservation in educational institutes. ● This article further states that, 10 % of the Reservation has to be provided for EWS. ● This 10 % of Reservation is independent of ceilings upon the already existing reservations.

15. ● More than 20 petitions have been received by SC challenging this Amendment. ● It was argued that, Art.15(6) violates Art.14 of COI. & This amendment exceeds 50% ceiling limit which was laid down in Indra Sawhney Case. SC Stated - ● State have an authority to make laws which promoted “Social Equality” & protect the welfare of weaker sections of society under Article-46 (Promotion of Educational & Economic intrests of SCs, STs & other weaker sections) of COI. ● “Economic Criteria” is one of the relevant factors which identifies Social & Educational Backwardness. ● 50% of ceiling limit which was drafted from the Indra Sawhney case would not apply for Article -15(6). ● Till now this tussle is going on...

16. Question Hour How many articles come under Right to Equality ? 2 3 5 4 2. Fundamental Right conferred by Article -15(1) of our Constitution is available to - Any Person Any Citizen of India Any Corporation None

17. Question hour 3. Article - 15(1) is the prohibition against - State Private Persons Citizens Corporation 4. The State can make any special provision for Women and Children under which Article ? Article -15(2) Article -16(2) Article -15(3) Article -16(3)

18. Question Hour 5. Article -15(4) permits the State to make special provision for the advancement of - SEBC SCs STs All of the above 6. In which case for the first time the SC declared Reservation exceeding 50% in a single year would be Unconstitutional & Invalid T. Devadasan v. UOI Indra Sawhney v. UOI M.R. Balaji v. State of Mysore State of Madras v. Champakam Dorairajan

19. Question Hour 7. Article -15(5) is added by which Amendment Act ? 1st 93rd 84th 103rd 8. Article -15(6) is added by which Amendment Act ? 85th 93rd 102nd 103rd

20. Question Hour 9. Pramati Educational & Cultural Trust v UOI (2014) is a Case related to which Clause of Article-15 Article -15(2) Article -15(3) Article -15(5) Article -15(6) 10. Which Article of our Constitution states that 10% Reservation has to be provided for EWS people ? Article -17 Article -16(2) Article -15(6) None

21. Answers c b a c d c b d c c

22. Thank you ! SHASHWATA SAHU, LL.M. KIIT School of Law, Bhubaneswar