Article 15 To Article 18 (Indian Constitution)

THE CONSTITUTION OF INDIA, 1949
FUNDAMENTAL RIGHTS (ARTICLE 15 to 18)
Article 15: Prohibition of Discrimination on Certain Grounds

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
(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 palaces 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.
There are four exceptions to this general rule of non-discrimination:
(a) 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.
(b) 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.
(c) 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.
(d) 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 upto 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 upto 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.
NOTE: Reservation for OBCs in Educational Institutions and Reservation for EWSs in Educational
Institutions.
ARTICLE 16: Equality Of Opportunity In Public Employment
Article 16 provides for equality of opportunity for all citizens in matters of employment or
appointment to any office under the State. No citizen can be discriminated against or be
ineligible for any employment or office under the State on grounds of only religion, race, caste,
sex, descent, place of birth or residence.
There are four exceptions to this general rule of equality of opportunity in public employment:
(a) Parliament can prescribe residence as a condition for certain employment or appointment in
a state or union territory or local authority or other authority. As the Public Employment
(Requirement as to Residence) Act of 1957 expired in 1974, there is no such provision for any
state except Andhra Pradesh and Telangana.
(b) The State can provide for reservation of appointments or posts in favour of any backward
class that is not adequately represented in the state services.
(c) A law can provide that the incumbent of an office related to religious or denominational
institution or a member of its governing body should belong to the particular religion or
denomination.
(d) The state is permitted to make a provision for the reservation of upto 10% of appointments
or posts in favour of any economically weaker sections of citizens. This reservation of upto 10%
would be in addition to the existing reservation. 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.
NOTE: Reservation for EWSs in public employment was added by 103rd Amendment Act of
2019.
ARTICLE 17: Abolition Of Untouchability
Article 17 abolishes 'untouchability' and forbids its practice in any form. The enforcement of
any disability arising out of untouchability shall be an offence punishable in accordance with
law.
The term 'untouchability' has not been defined either in the Constitution or in the Act.
However, the Mysore High Court held that the subject matter of Article 17 is not untouchability
in its literal or grammatical sense but the 'practice as it had developed historically in the
country'. It refers to the social disabilities imposed on certain classes of persons by reason of
their birth in certain castes. Hence, it does not cover social boycott of a few individuals or their
exclusion from religious services, etc.
The Supreme Court held that the right under Article 17 is available against private individuals
and it is the constitutional obligation of the State to take necessary action to ensure that this
right is not violated.
Article 18: Abolition of Titles
Article 18 abolishes titles and makes four provisions in that regard:
(a) It prohibits the state from conferring any title (except a military or academic distinction) on
any body, whether a citizen or a foreigner.
(b) It prohibits a citizen of India from accepting any title from any foreign state.
(c) A foreigner holding any office of profit or trust under the state cannot accept any title from
any foreign state without the consent of the president.
(d) No citizen or foreigner holding any office of profit or trust under the State is to accept any
present, emolument or office from or under any foreign State without the consent of the
president.
From the above, it is clear that the hereditary titles of nobility like Maharaja, Raj Bahadur, Rai
Bahadur, Rai Saheb, Dewan Bahadur, etc, which were conferred by colonial States are banned
by Article 18 as these are against the principle of equal status of all.
In 1996, the Supreme Court upheld. the constitutional validity of the National Awards-Bharat
Ratna, Padma Vibhushan, Padma Bhushan and Padma Sri. It ruled that these awards do not
amount to 'titles' within the meaning of Article 18 that prohibits only hereditary titles of
nobility. Therefore, they are not violative of Article 18 as the theory of equality does not
mandate that merit should not be recognised. However, it also ruled that they should not be
used as suffixes or prefixes to the names of awardees. Otherwise, they should forfeit the
awards.
These National Awards were instituted in 1954. The Janata Party government headed by
Morarji Desai discontinued them in 1977. But they were again revived in 1980 by the Indira
Gandhi government.

Article 15 To Article 18 (Indian Constitution)

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Article 15 To Article 18 (Indian Constitution)

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THE CONSTITUTION OF INDIA, 1949

FUNDAMENTAL RIGHTS (ARTICLE 15 to 18)

Article 15: Prohibition of Discrimination on Certain Grounds

There are four exceptions to this general rule of non-discrimination:

ARTICLE 16: Equality Of Opportunity In Public Employment

ARTICLE 17: Abolition Of Untouchability

Article 18: Abolition of Titles

Article 18 abolishes titles and makes four provisions in that regard:

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