Article 15 of the Constitution

Article 15 bans discrimination by the State. But it also lets the State help groups that have been left behind. It did not start that way. It began as one flat rule. Then five carve-outs were added, over four amendments, across 68 years. The clauses are easy to mix up, so learn each with its year.

1Chapter 1: What Article 15 Says

Must Know

The two basic rules

• Article 15(1) bars the State from discriminating against any citizen.
• The grounds are religion, race, caste, sex or place of birth.
• The word “only” matters. The ban applies when the ground is only one of these.
• Clause (2) goes further and covers access to public places.
• These are shops, public restaurants, wells, roads and places of public resort.
• It covers places kept up out of State funds.
• Clause (2) binds private persons too, not only the State.

Citizens only

• Article 15 protects citizens only.
• Article 14 protects any person, citizen or not.
• Article 15 is a named application of Article 14.
• It turns the general equality promise into specific, enforceable grounds.
• Read more: Right to Equality (Article 14) and the India–USA Comparison.

The ladder of special provisions

• 15(3): special provisions for women and children, such as maternity benefits and reserved seats.
• 15(4): special provisions for socially and educationally backward classes, and for SCs and STs.
• 15(5): special provisions in admission to educational institutions, including private ones.
• 15(6): a further quota, up to 10%, for economically weaker sections.
• Each clause is a power the State may use.
• None of them is a duty.

2Chapter 2: How Each Clause Came In

Good to Know

Clause (4) and Champakam Dorairajan, 1951

• The State of Madras fixed college seats by caste.
• In State of Madras v. Champakam Dorairajan (1951), the Supreme Court struck that order down.
• It held that a Directive Principle cannot override a Fundamental Right.
• Parliament answered the same year with the First Amendment.
• That amendment inserted clause (4).
• So clause (4) exists because of this one case.

Clause (5), 2005

• The 93rd Amendment added clause (5) in 2005.
• It lets the State make admission rules for backward classes, SCs and STs in private institutions.
• This covers aided and unaided institutions.
• Before 2005, reservation rules could not generally reach private unaided colleges.
• Ashoka Kumar Thakur (2008) upheld clause (5) for State and aided institutions. It left unaided ones open.
• Pramati Educational and Cultural Trust (2014) upheld it for unaided institutions as well.
• Do not confuse the two. 15(4) is the general power. 15(5) reaches private education.

The minority exclusion

• Clause (5) does not apply to minority educational institutions under Article 30(1).
• Article 30(1) lets minorities run their own institutions.
• Forcing a quota on them would undercut that right.
• The exclusion was written into the amendment itself in 2005. It is not a later court invention.
• A minority college can admit on its own criteria, without this quota.
• Read more: Article 29: Minority Language and Culture Protection.

3Chapter 3: The EWS Quota, Clause (6)

Good to Know

What clause (6) does

• The 103rd Amendment added clause (6) in 2019.
• It lets the State reserve up to 10% of seats for economically weaker sections.
• This sits on top of the existing quotas.
• EWS status is based on income and assets.
• People already covered by SC, ST or OBC reservation are not eligible.

Janhit Abhiyan, 2022

• In Janhit Abhiyan v. Union of India, the Supreme Court upheld the quota on 7 November 2022.
• The bench ruled 3–2.
• It also upheld leaving SC, ST and OBC citizens out of the EWS quota.
• It was the first time the Court accepted a quota based on economic status alone.

Courts have upheld every clause

• 2008: Ashoka Kumar Thakur v. Union of India upheld clause (5).
• 2014: Pramati reaffirmed clause (5) and its minority carve-out.
• 2022: Janhit Abhiyan upheld clause (6).
• Every major addition since 1951 has survived Supreme Court review.

4Chapter 4: Private Colleges and Current Affairs

Great to Know

Is there a law for private colleges?

• Clause (5) gives the power. But there is no single central law that puts it to work.
• Tamil Nadu, Kerala, Karnataka and Andhra Pradesh each run their own models.
• Private colleges say they cannot bear the cost of unfunded quotas.
• They push for an RTE-style model, where the government pays.
• So the power exists everywhere, but its reach depends on each State’s laws.

August 2025 Standing Committee report

• On 20 August 2025, a Parliamentary Standing Committee reported on this gap.
• It urged a central law to apply Article 15(5).
• It recommended firm quotas in private higher education: 27% OBC, 15% SC and 7.5% ST.
• It also urged that the government reimburse private institutions, as it does under the Right to Education Act for schools.
• Any current-affairs question on private-college reservation should link Article 15(5) and this report.
• Source: PRS Legislative Research.
• Read more: Revisiting the 50% Cap on Reservation.

5Chapter 5: Exam Traps

Great to Know

The “which clause” trap

• Exams love mixing up which amendment added which clause.
• Which Article permits reservation in private institutions, including unaided ones? Article 15(5).
• Options naming 15(4) are wrong. So are options that include minority institutions.
• Match clause to year: 4→1951, 5→2005, 6→2019.
• Test it: the Article 15(5) reservation question.

6Previous Year Questions

Exam angle: real questions on this topic.

Quick Q&A

• 15(4) year? 1951.
• 15(5) amendment? 93rd (2005).
• 15(6) cap? 10%.
• Who does Article 15 protect? Citizens only.
• Champakam Dorairajan led to? 1st Amendment.