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DAILY
CLASS NOTES
Indian Polity

Lecture – 14
Article 14, Article 15,
Article 16, Article 17
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Article 14, Article 15, Article 16, Article 17

Article 15:
 It is available only to citizens.
 Article 15 (1):
 It says the State cannot discriminate against any citizen on grounds only on religion, race sex, caste,
and place of birth or any of them.
 Therefore, if there are any other valid grounds on which discrimination is allowed then Article 15 (1)
does not prohibit it.
 Article 15 (2):
 It prohibits both the State and private individual from discriminating against the citizens only on the
grounds of race, religion, caste, sex, place of birth or any of them.
 Therefore it prevents both the state and private individuals to stop any citizen from having access to public
wells, tanks, roads, restaurants, places of entertainment, etc.
 It also helps to fight against untouchability along with Article 17.
 Article 15 (3):
 The State is free to make special provisions in favour of women and children, for example, Beti Bachao
Beti Padhao, Integrated Child Development Scheme, etc.
 Article 15 (4):
 It was introduced to the Constitution by the First Constitutional Amendment Act, 1951, it empowers the
State to make a special provision for the advancement of socially and educationally backward classes of
citizens.
 Article 15 (5):
 It empowers the State to make special provisions for citizens belonging to socially and educationally
backward classes, not only in government-run institutions but also in private and unaided
institutions.
 It was introduced into the Constitution by the 93 rd Constitutional Amendment Act 2005.
 This Article empowers the State to provide special arrangements for the socially and educationally
backward classes of citizens. It empowers the State to provide reservations of seats even in unaided
educational institutions except for minority educational institutions.

NOTE:
 In the P.A. Inamdar vs State of Maharashtra Case (2005), Supreme Court stated that the State cannot impose
the policy of reservation on unaided educational institutions.
 The Supreme Court upheld the Constitutional validity of the 93rd Constitutional Amendment Act in the Ashok
Thakur vs Union of India Case.
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 Article 15 (6)
 It empowers the State to make special provisions for economically weaker sections of citizens.
 The State is empowered to provide 10% of the reservation of seats for the EWS (Economically weaker
section) category for admission into educational institutions – both aided and unaided educational
institutions except minority institutions.
 The 103rd Constitutional Amendment Act of 2019 provides 10% reservation Economically Weaker
Sections (EWS) of society for admission to the center of government and private educational institutions.

NOTE: In order to identify the EWS category (for up to 10% reservation) following criteria will be used:
1. Family income
2. Economic disadvantage indices, etc.

Article 16:
 Article 16 (1):
 It provides for equality of opportunity in matters of public employment.
 Article 16 (2):
 It prohibits the State from discriminating against citizens in matters of public employment only on
the grounds of religion, race, caste, sex, place of birth, residence, descent and any of them.
 Article 16 (3):
 It empowers the Parliament to prescribe residents on grounds of qualification in case of certain classes
of employment of the State.
 Mulk/Mulkhi rule which was formulated by the Nizam of Hyderabad before independence reserved Class
3 and Class 4 jobs in the State only for the local people because of the precarious socio-economic
conditions prevalent in the State of Hyderabad.
 After independence and enactment of the Constitution Mulk rule was violating Article 16 (2).
 Therefore the Parliament under Article 16 (3) gave a legal basis to the provision of Mulk rule, which
operated in the present-day Telangana region of Andhra Pradesh for some period (10 years).

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