Article 15 of CoI : Article 15: Prohibition Of Discrimination On Grounds Of Religion, Race, Caste, Sex, Or Place Of Birth

Explanation using Example

Example Application of Article 15:

Imagine a scenario where a public university in India announces an admission policy. According to the policy, the university decides to allocate a certain number of seats for students from socially and educationally backward classes, as well as for scheduled castes and tribes. This is done to promote equality and ensure that students from these communities have enhanced opportunities for education.

However, the university's policy also states that no applicant will be denied admission based on their religion, race, caste, sex, or place of birth. This ensures that while the university is making special provisions for certain communities, it is not discriminating against others on prohibited grounds.

The university's policy is challenged by a group claiming it violates their right to equality. The court, referring to Article 15, upholds the university's policy, stating that the special provisions are in place to promote educational advancement of underprivileged communities and do not constitute discrimination as they are in line with clauses (4) and (5) of Article 15.

This example demonstrates the balancing act between non-discrimination and the need for affirmative action that Article 15 of the Constitution of India seeks to achieve.