On what grounds does Article 15 of the Indian Constitution prohibit discrimination

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Indian constitution under Article 15 pledges to prohibits discrimination on the basis of religion race, caste’ sex or place of birth or any of them. However, this prohibition of discrimination is qualified by ‘Special Provision’-

(I) for women and children under clause 3 and

(II) for the advancement of any socially and educationally backward classes of citizens or for the scheduled caste and the scheduled tribes under clause 4.

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However, exceptions are being provided by constitution for positive discrimination by making special provision for those belonging to falling under clause (3) and (4). Moreover, what is prohibited is not discrimination but discrimination on any of the specified grounds in Article-15.

(i) Only on any other grounds, not mentioned here, discrimination can be made.

The provisions of Article-15 is available to the citizen only. However, its scope is much wider, as it is enforceable not only against the state but also against individuals.

Article 46 of the directive principles of state policy enjoins the state to promote with special care, the educational and economic interests of the weaker sections of the people.

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In requires making provisions particularly for the scheduled caste and scheduled tribes. Along with Article 16, 29 and 340 of the constitution this article efforts for upliftment of backward classes of the society. Reserving seats in educational institutions under Article 15(3) and seat in public employment under Article 16(4) are held to be constitutional by the Supreme Court.

Insertion of the clause 4 in Article 15 for special provisions for SCs and STs and other backward classes by 1st Amendment Act 1951 have been made under these articles and the benefits educational, social, economical and political fields are given to them is also constitutional and valid provision.

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