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Article 15

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

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The Constitution of India (as on 1 May 2026)
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Part III, Page 7
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1. In One Sentence

The State cannot discriminate against any citizen solely based on religion, race, caste, sex, or birthplace, and all citizens have equal access to shops, restaurants, public wells, and public spaces.

2. What It Means in Everyday Language

Article 15 builds on Article 14’s general promise of equality by outlawing discrimination against Indian citizens based on five specific grounds: religion, race, caste, sex, or place of birth. While Article 14 protects all persons, Article 15 is a specific constitutional guarantee for citizens of India.

Crucially, Article 15(2) is directly enforceable against private individuals as well as the State. No citizen can be denied access to public shops, restaurants, hotels, or entertainment halls, or barred from using community water wells, bathing ghats, roads, and public places maintained with public funds.

Importantly, non-discrimination does not mean ignoring historical disadvantage. Clauses (3) through (6) explicitly empower the State to create affirmative action programs, special welfare schemes, and admissions reservations for women, children, Scheduled Castes, Scheduled Tribes, socially and educationally backward classes (OBCs), and economically weaker sections (EWS).

3. Practical Illustrative Example

Everyday Scenario:

A family is refused service or turned away from a public restaurant or community bathing ghat solely because of their caste or religious background.

Core takeaway: Under Article 15(2), such exclusion is unconstitutional and illegal. Both state authorities and private businesses catering to the public cannot discriminate on these protected grounds.
Illustrative Notice: This example is illustrative. Special affirmative measures—such as fee concessions for women in public transport or reserved seats in state educational institutions—are constitutionally protected under clauses (3), (4), (5), and (6) to help historically disadvantaged groups catch up.

4. Important Limits, Qualifications & Exceptions

Article 15 prohibits discrimination based "only" on five specified grounds, while empowering the State to advance substantive social justice.

  • The word "only" is vital: If a classification is based on grounds other than religion, race, caste, sex, or birthplace—such as age, educational qualification, physical capability, or security—it does not violate Article 15.
  • Guaranteed to citizens: Unlike Article 14 (which covers "any person"), Article 15 is specifically reserved for citizens of India.
  • Horizontal enforcement for public spaces: Under clause (2), private owners cannot exclude citizens from shops, eateries, hotels, or public water resources.
  • Enabling clauses for affirmative action: Clauses (3), (4), (5), and (6) are constitutional enablers allowing special provisions for women, children, SCs, STs, SEBCs, and EWS in educational institutions (excluding minority institutions under Article 30).

5. Operative Constitutional Text

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. (2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to— (a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public. (3) Nothing in this article shall prevent the State from making any special provision for women and children. (4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. (5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30. (6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of article 29 shall prevent the State from making,— (a) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and (b) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten per cent. of the total seats in each category. Explanation.—For the purposes of this article and article 16, "economically weaker sections" shall be such as may be notified by the State from time to time on the basis of family income and other indicators of economic disadvantage.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Ministry of Law and Justice, Government of India (Legislative Department, Ministry of Law and Justice) • Part III, Page 7 • Human source-link check pending

    Operative text compared with the official 2026 edition using AI assistance on 14 October 2026; omitted clauses restored. Formatting and amendment annotation markers are omitted. Human legal review remains pending.

  • •
    Assembly RecordConstituent Assembly Debates (Official Report)Source or archive portal
    Lok Sabha Secretariat (Parliament of India / Lok Sabha Secretariat) • Volume VII, 29 November 1948, pp. 650–664 • Human source-link check pending

    Official verbatim record of Constituent Assembly proceedings published by the Lok Sabha Secretariat.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

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