Sambhav-2025

Approach Introduce Article 15 and its dual goals of equality and social justice. Explain the exceptions under Article 15 and their role in addressing inequalities. Highlight the role of Article 15 in enabling affirmative action policies with examples. Conclude suitably.

Introduction

Article 15 of the Indian Constitution prohibits discrimination based on religion, race, caste, sex, or place of birth, ensuring equality for all. However, the Constitution also recognizes that historical injustices require special measures to achieve social justice and genuine equality. To this end, exceptions under Article 15 provide the framework for affirmative action policies aimed at addressing systemic inequalities.

Body

• Significance of Article 15 in Promoting Equality:
  • Article 15 establishes a foundation for formal equality by outlawing discrimination in access to public spaces and opportunities.
  • Its exceptions allow the state to correct systemic inequities and promote substantive equality in society.
• Exceptions Under Article 15 and Their Role in Social Justice:
  • Article 15(3): Provisions for Women and Children:
    • This clause empowers the state to enact laws for the protection and welfare of women and children.
    • Example: The Maternity Benefit Act ensures paid maternity leave and workplace equality for women.
    • Reservation for women in local governance through Panchayati Raj Institutions enhances their political representation.
  • Article 15(4): Provisions for Socially and Educationally Backward Classes:
    • Introduced via the First Constitutional Amendment Act, 1951, this provision aims to uplift disadvantaged groups.
    • Example: Reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs) in educational institutions and jobs.
  • Article 15(5): Reservation in Private Educational Institutions:
    • Added through the 93^rd Constitutional Amendment Act, 2005, it extends reservation to unaided private institutions.
    • Example: Ensuring representation of marginalized communities in premier private universities.
  • Article 15(6): Reservation for Economically Weaker Sections (EWS):
    • Introduced via the 103^rd Constitutional Amendment Act, 2019, this clause reserves 10% seats for economically weaker sections.
    • EWS reservations cater to individuals facing economic disadvantages irrespective of caste or religion.
• Role of Article 15 in Enabling Affirmative Action Policies:
  • Addressing Historical Discrimination:
    • Reservations for SCs and STs have helped bridge educational and economic disparities created by centuries of oppression.
    • Example: Increased SC/ST enrollment in top institutions is a result of targeted reservation policies.
  • Enhancing Educational Opportunities:
    • Article 15(5) ensures that even unaided private institutions contribute to inclusive education.
  • Economic Inclusion:
    • The EWS reservation policy demonstrates an evolving approach to address economic inequalities across all communities.
    • Judicial endorsement in Janhit Abhiyan v. Union of India (2022) highlighted its constitutionality and necessity.
  • Judicial Validation and Safeguards:
    • In Indra Sawhney v. Union of India (1992), the Supreme Court upheld reservations while emphasizing a 50% ceiling to prevent excessive quotas.
    • Courts have also highlighted the need for periodic review to avoid misuse of affirmative action policies.
• Challenges to Article 15's Implementation:
  • Over-reliance on Reservations: Critics argue that affirmative action should be complemented with systemic reforms in education, health, and employment.
  • Perception of Reverse Discrimination: Non-beneficiaries often perceive affirmative action as unfair, raising debates on meritocracy.
  • Implementation Gaps: Corruption and inefficiencies in administering affirmative action policies sometimes dilute their impact.

Conclusion

Article 15 effectively bridges equality before the law with social equity, ensuring justice for marginalized groups. Its provisions empower affirmative action policies that address historical injustices and promote inclusive development. However, to fully realize its potential, these measures must be complemented by reforms that ensure opportunities for all, fostering a truly egalitarian and just society.