Article 15 - non-discrimination against any citizen
Q. Which of the following is/are true?
1) As per article 15, discrimination on grounds other than religion, race, caste, sex or place of birth is allowed.
2) Group ‘B’/Class II Officers of the All India, Central and State Services do not come under creamy layer of OBC.- Published on 21 Feb 17a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Only 1
- 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 two crucial words in this provision are ‘discrimination’ and ‘only’.
- The word ‘discrimination’ means ‘to make an adverse distinction with regard to’ or ‘to distinguish unfavorably from others’.
- The use of the word ‘only’ connotes that discrimination on other grounds is not prohibited.
The second provision of Article 15 says that no citizen shall be subjected to any disability, liability,restriction or condition on grounds only of religion, race, caste, sex, or place of birth with regard to :
1. access to shops, public restaurants, hotels and places of public entertainment; or
2. the use of wells, tanks, bathing ghats, road and places of public resort maintained wholly or partly by State funds or dedicated to the use of general public.
- This provision prohibits discrimination both by the State and private individuals, while the former provision prohibits discrimination only by the State.
There are three exceptions to this general rule of non-discrimination :
1. 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.
2. 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.
3. 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.
- The last provision was added by the 93rdAmendment Act of 2005.
- 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 including the IITs and IIMs.
- In April 2008, the Supreme Court upheld the validity of both,the Amendment Act and the OBC Quota Act.
- But, the Court directed the central government to exclude the ‘creamy layer’ (advanced sections) among the OBCs while implementing the law.
- Creamy Layer - The children of the following different categories of people belong to ‘creamy layer’ among OBCs and thus will not get the quota benefit -
a. Persons holding constitutional posts like President, Vice-President, Judges of SC and Hcs, Chairman and Members of UPSC and SPSCs, CEC, CAG and so on.
b. Group ‘A’ / Class I and Group ‘B’ / Class II Officers of the All India, Central and State Services; and Employees holding equivalent posts in PSUs, Banks, Insurance Organisations, Universities etc., and also in private employment.
c. Persons who are in the rank of colonel and above in the Army and equivalent posts in the Navy,the Air Force and the Paramilitary Forces.
d. Professionals like doctors, lawyers, engineers, artists, authors, consultants and so on.
e. Persons engaged in trade, business and industry.
f. People holding agricultural land above a certain limit and vacant land or buildings in urban areas.
g. Persons having gross annual income of more than Rs.4.5 lakhs or possessing wealth above the exemption limit.
- In 1993, when the “creamy layer” ceiling was introduced, it was Rs. 1 lakh. It was revised to Rs. 2.5 lakh in 2004 and Rs. 4.5 lakh in 2008.
- Presently (2013), the proposal to raise creamy layer ceiling to Rs.6 lakh a year is under consideration of the government.
