Definition
Articles 15-16.
Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
Statutory Definition
Articles 15 and 16 Constitution.
Etymology & Origin
Drafted by the Constituent Assembly specifically to dismantle historical societal inequities in India, particularly the caste system and gender bias.
Full Legal Analysis
The Right against Discrimination is a specific extension of the general Right to Equality. While Article 14 applies to all 'persons' and all laws, Articles 15 and 16 apply specifically to 'citizens' and prohibit the State from discriminating on five specific grounds: religion, race, caste, sex, or place of birth.
Article 15 prohibits discrimination in general public life (access to shops, restaurants, wells, and roads). Article 16 provides for equality of opportunity in matters of public employment under the State.
Crucially, these articles contain 'enabling provisions' for affirmative action. Article 15(3) allows special provisions for women and children. Articles 15(4), 15(5), 16(4) allow the State to make reservations in education and public employment for Socially and Educationally Backward Classes (SEBCs), SCs, STs, and recently, Economically Weaker Sections (EWS).
The landmark 'Mandal Commission case' where the Supreme Court upheld 27% reservation for OBCs in government jobs, but capped total reservations at 50% and introduced the concept of excluding the 'creamy layer'.
Advocates dealing with service law, university admissions, and constitutional challenges frequently rely on the intricate interplay between the rule of non-discrimination and the exceptions carved out for affirmative action.
This Term in Indian Statutes
Constitution of India, 1950
"Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth."
Prevents state-sponsored discrimination while allowing affirmative action.
