What Article 15 states?

Discrimination on a number of grounds, such as ethnicity, race, caste, sex, or place of birth, is forbidden by Article 15 of the Indian Constitution. It ensures the right to equality and prohibits state discrimination.

Here is a brief explanation of the clauses within Article 15:

  • Article 15(1): This clause states that it forbids the any state from discriminating any person differently on the basis of their race, caste, gender, place of birth or any other combination of these traits.
  • Article 15(2): This section provides the State the right to create particular programmes for the advancement of socially and educationally deprived sections of citizens, including for the SCs and STs. Reservations at educational institutions, particularly private, unaided institutions, may be one of these provisions.
  • Article 15(3): According to this article, the State can provide special concessions for women and children. It provides the State the ability to pass laws or carry out measures which promote gender equality and protect women and children from inequality in society.
  • Article 15(4): This provision permits the State to put reserve slots in educational institutions for people of the SC, ST, and socially and educationally underprivileged classes. It allows the State to carry out initiatives to make sure that marginalized groups are represented and promoted.

93rd Constitutional Amendment Act

The 93rd Amendment Act, which was passed in 2005, is the Constitutional Amendment Act that allowed reservation in admissions for students belonging to scheduled castes/tribes and other backward classes in India. As a result of this law, Article 15 of the Indian Constitution includes Clause (5), which offers the State the power to make special provisions for the advancement of any socially and educationally underprivileged classes of citizens, as well as for the Scheduled Castes and Scheduled Tribes, with regards to admissions to educational institutions, including private unaided institutions.

The Indian Constitution as well as other laws and regulations primarily govern the allocation of reservations in admissions for students of scheduled castes/tribes and other backward classes (OBCs) in educational institutions. According to Article 15(4) of the Indian Constitution, socially and educationally underprivileged sections, such as Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward sections (OBCs), may reserve seats in government and private educational institutions. This clause provides the state the power to implement affirmative action with the goal of ensuring the admission and development of disadvantaged groups.

Table of Content

  • Introduction to 93rd Amendment Act
  • Objectives of 93rd Amendment Act
  • What Article 15 states?
  • Criticism on 93rd Amendment Act

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Introduction to 93rd Amendment Act

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Objectives of 93rd Amendment Act

Students from Scheduled Castes, Scheduled Tribes or OBCs, are given priority in admissions according to the 93rd Constitutional Amendment Act. Clause (5) of Article 15 of the Indian Constitution, which was added by the 93rd Amendment Act, states that the states may make special provisions for the advancement of any socially and educationally underprivileged classes of citizens, with regards to admissions to educational institutions. The modification gave the government the authority to pass law that ensured SC, ST and OBC reservation in private institutions....

What Article 15 states?

Reservation in Central Educational Institutions: This law made it possible for students representing Scheduled Castes, Scheduled Tribes and OBCs to have seats allocated in central educational institutions....

Criticism on 93rd Amendment Act

Discrimination on a number of grounds, such as ethnicity, race, caste, sex, or place of birth, is forbidden by Article 15 of the Indian Constitution. It ensures the right to equality and prohibits state discrimination....

93rd Amendment Act- FAQs

One of the main objections is that reservations may hinder admissions based on merit. Critics argue that admission decisions should be made exclusively on the basis of a candidate’s academic record and not on the basis of their social or caste background....

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