Article 15 of the Indian Constitution ensures equality by prohibiting discrimination on grounds of religion, race, caste, sex, or place of birth. It empowers the state to make special provisions for the advancement of disadvantaged groups, including women, children, socially and educationally backward classes, Scheduled Castes, Scheduled Tribes, and economically weaker sections, fostering inclusivity and social justice.

Article 15(1) 

This 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, or any combination thereof. 

• Objective: This provision prohibits discrimination only by the State.
• Applicability: Protect the rights and interests of the citizens only.   

The two crucial words in this provision are ‘discrimination’ and ‘only’. 

• Discrimination: The word ‘discrimination’ means ‘to make an adverse distinction with regard to’ or ‘to distinguish unfavourably from others’. 
• Only: The use of the word ‘only’ connotes that discrimination on other grounds than those specifically mentioned in this article is not prohibited.

Article 15(2)

It states 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, roads and places of public resorts maintained wholly or partly by State funds or dedicated to the use of the general public. The provision prohibits discrimination by both the State and private individuals.

Exceptions to the Rule of Non-Discrimination

Article 15 (3): The state is permitted to make any special provision for women and children. For example, reservation of seats for women in local bodies or provision of free education for children. 

Revathi vs Union of India, AIR 1998

• Special preference in favour: In this case, the Supreme court held that the word ‘for’ which is given under this clause means that states can give special preference in favour of women and children and not against them. 
• Application in India: ​This clause is used in many legislations in India for example, Section 125 of the Criminal Procedure Code, 1973, asks husbands to give maintenance to their wives and not vice versa. This is a form of positive discrimination in our society. 

Article 15 (4)

This clause was added by the 1st constitutional amendment act, 1951. The state is permitted to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes and scheduled tribes. For example, reservation of seats or fee concessions in public educational institutions. 

Article 15 (5)

This clause was added by the 93rd constitutional amendment act, 2005. The state is empowered to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes or the scheduled tribes regarding their admission to educational institutions including private educational institutions, whether aided or unaided by the state, except the minority educational institutions. 

Article 15 (6)

This clause was added by the 103rd constitutional amendment act of 2019. The state is empowered to make any special provision for the advancement of any economically weaker sections of citizens. Further, the state is allowed to make a provision for the reservation of up to 10% of seats for such sections in admission to educational institutions including private educational institutions, whether aided or unaided by the state, except the minority educational institutions. This reservation of up to 10% would be in addition to the existing reservations. For this purpose, the economically weaker sections would be notified by the state from time to time on the basis of family income and other indicators of economic disadvantage.