Q. On which of the following grounds is discrimination allowed under Article 15 of the Indian Constitution?
1. Special provisions for advancement of Schedule castes and Scheduled Tribes.
2. Provisions for socially and educationally backward classes regarding admission in private educational institutions.
3. Provisions of free education to children.
4. Reservation of up to 15% for economically weaker sections in matters regarding appointments.
Select the correct answer using the code given below:
Exp) Option b is the correct answer.
Article 15 provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste sex or place of birth. The use of the word ‘only’ connotes that discrimination on other grounds is not prohibited.
Option 1 is correct: The state is permitted under Article 15 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.
Option 2 is correct: 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. In order to give effect to this provision, the Centre enacted the Central Educational Institutions (Reservation in Admission) Act, 2006, providing a quota of 27% for candidates belonging to the Other Backward Classes (OBCs) in all central higher educational institutions.
Option 3 is correct: 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.
Option 4 is incorrect: The state is empowered to make any special provision for the advancement of any economically weaker sections of citizens. The Parliament of India enacted the Constitution (103rd Amendment Act,2019) and authorized the State to make reservations in higher education and affairs of Public Employment solely on the basis of economy. The act amended Article 15 and 16 of the Constitution by inserting 15(6) and 16(6). The amendment was made to provide for 10% reservation to the citizens, belonging to the Economic Weaker Section (EWS) category
