Home The Constitution Part III Article 15

Art. 15 Part III: Fundamental Rights

Prohibition of Discrimination

Exact text — Constitution of India

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to—(a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.

(3) Nothing in this article shall prevent the State from making any special provision for women and children.

(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. [Added by the 1st Amendment, 1951]

(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30. [Added by the 93rd Amendment, 2005]

(6) Nothing in this article shall prevent the State from making any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5), including reservation in educational institutions and in matters of admission, subject to a maximum of ten per cent of the seats in each category. [Added by the 103rd Amendment, 2019]

In Plain English

What this Article actually means

Article 15 is Article 14's more specific sibling — instead of a general equality guarantee, it names five forbidden grounds of discrimination (religion, race, caste, sex, place of birth) and, in clause (2), specifically bars discrimination in access to shops, restaurants, and public spaces like wells and roads — a direct response to caste-based exclusion practices. Clauses (3) through (6), all added later by amendment, carve out space for affirmative action: special provisions for women and children, reservation for socially/educationally backward classes and SC/ST, extending that to private educational institutions, and — most recently — a 10% reservation for economically weaker sections regardless of caste.

Why This Matters To You

How it shows up in everyday life

This is the Article behind India's reservation system in education, and behind the illegality of a shop, hotel, or restaurant refusing you entry because of your caste or religion — a real, still-occurring problem in parts of the country, and one you can act on. It's also the basis for many women- and child-specific welfare schemes and laws being constitutionally valid despite technically 'discriminating' in their favour.

Landmark Cases

How courts have interpreted this Article

Indra Sawhney v. Union of IndiaAIR 1993 SC 477 — The 'Mandal Commission' case — upheld OBC reservation under a similar framework, capped total reservation at 50% in ordinary circumstances, and excluded the 'creamy layer' from backward-class benefits. Verify this case

Janhit Abhiyan v. Union of India(2022) SC — Upheld the 103rd Amendment's 10% EWS reservation (Article 15(6)) as constitutionally valid, including its exclusion of SC/ST/OBC candidates from this specific quota since they already have separate reservation. Verify this case

Read alongside this one

Art. 16 — Equality of Opportunity in Public Employment Art. 17 — Abolition of Untouchability Art. 342A — Socially and Educationally Backward Classes

Frequently Asked

Quick answers about Article 15

Can a shop or restaurant legally refuse me entry over my caste or religion?

No — this is a direct violation of Article 15(2), and depending on the facts, can also trigger the Protection of Civil Rights Act, 1955 or the SC/ST (Prevention of Atrocities) Act, 1989.

Is reservation only for government jobs, or also private companies?

The constitutional reservation framework mainly covers government jobs and educational institutions (including many private ones under clause 5); private-sector EMPLOYMENT reservation is not constitutionally mandated the same way, though some states have explored specific local-employment quotas under separate legal frameworks.

← PreviousArticle 14: Equality Before Law Next →Article 16: Equality of Opportunity in Public Employment

The text above reproduces Article 15 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.