Fundamental Rights: Article 15

What is it?: Prohibition of Discrimination on Certain Grounds
Provisions
- Article 15 (1): Provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth.
  - Meaning of Words
    - The word ‘discrimination’ means ‘to make an adverse distinction with regard to’ or ‘to distinguish unfavourably from others’.
    - The use of the word ‘only’ connotes that discrimination on other grounds is not prohibited.
- Article 15 (2): Says that no citizen shall be subjected to any disability, liability, restriction or condition on grounds only of religion, race, caste, sex, or place of birth with regard to
  - Access to shops, public restaurants, hotels and places of public entertainment;
  - The use of wells, tanks, bathing ghats, road and places of public resort maintained wholly or partly by State funds or dedicated to the use of general public.
  - This provision prohibits discrimination both by the State and private individuals, while the former provision prohibits discrimination only by the State.
- Exceptions to Equality
  - The state can make special provisions for women and children, such as seat reservations in local bodies or free education for children.
  - Special provisions are allowed for socially and educationally backward classes, Scheduled Castes (SCs), and Scheduled Tribes (STs), including seat reservations and fee concessions in public educational institutions.
  - The state can make special provisions for socially and educationally backward classes, SCs, and STs regarding admission to educational institutions, including private institutions (aided or unaided), except minority institutions.
  - The state is empowered to provide for economically weaker sections (EWS) by reserving up to 10% of seats in educational institutions, including private ones (aided or unaided), except minority institutions.

Reservation for OBCs in Educational Institutions

The 93rd Amendment Act, 2005, enabling reservations for socially and educationally backward classes in educational institutions, except minority institutions.
The Central Educational Institutions (Reservation in Admission) Act, 2006, introduced a 27% quota for OBCs in central higher education institutions like IITs and IIMs.
In 2008, the Supreme Court upheld the Amendment Act and OBC Quota Act but excluded the ‘creamy layer’ of OBCs from quota benefits.
Categories excluded under the creamy layer:
- Constitutional post-holders (e.g., President, Judges of SC and HCs, UPSC members).
- Group ‘A’/Class I, Group ‘B’/Class II officers, and equivalent posts in PSUs, banks, universities, and private employment.
- Armed forces personnel of colonel rank and above and equivalents in other forces.
- Professionals like doctors, lawyers, engineers, artists, and consultants.
- Individuals engaged in trade, business, or industry.
- Holders of agricultural land, urban land, or buildings above prescribed limits.
- Persons with a gross annual income exceeding ₹8 lakh or wealth above the exemption limit (ceiling revised from ₹1 lakh in 1993 to ₹8 lakh in 2017).

Reservation for EWSs in Educational Institutions

Added by the 103rd Amendment Act of 2019 and it give 10% reservation to the Economically Weaker Sections (EWSs) in admission to educational institutions.
The benefit of this reservation can be availed by the persons belonging to EWSs who are not covered under any of the existing schemes of reservations for SCs, STs and OBCs.
Eligibility
- Persons with a family gross annual income below ₹8 lakh are identified as Economically Weaker Sections (EWS) for reservation benefits.
- Income includes all sources: salary, agriculture, business, profession, etc., and is calculated for the financial year preceding the application.
- Certain assets exclude persons from EWS identification, irrespective of income:
  - 5 acres or more of agricultural land.
  - Residential flat of 1000 sq. ft. or more.
  - Residential plot of 100 sq. yards or more in notified municipalities.
  - Residential plot of 200 sq. yards or more outside notified municipalities.
Property holdings in different locations or cities are combined to determine EWS status.
“Family” includes the applicant, their parents, siblings under 18, spouse, and children under 18.