PREVIOUSLY ASKED IN:
PSC Miscellaneous Prelims 2018
Answer
Article 15(3)
Explanation
Article 15 of the Indian Constitution prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth [Article 15(1)]. However, Article 15(3) acts as an exception to this general rule. It empowers the State to make special provisions for women and children. It is under this constitutional authority that laws providing reservation for women in local bodies or free education for children are enacted without violating the Right to Equality.
Key Points
- > Article 15 falls under the 'Right to Equality' (Articles 14-18).
- > Article 15(1) forbids discrimination on five specific grounds: religion, race, caste, sex, or place of birth.
- > Article 15(3) enables the state to enact affirmative action policies specially for women and children.
- > Maternity benefits and reservations for women in Panchayats draw constitutional backing from this article.
- > Article 14 deals with Equality before Law.
- > Article 22 deals with protection against arrest and detention.
Additional Information
Right to Equality (Articles 14-18)
| Article | Core Subject |
|---|---|
| Article 14 | Equality before the law and equal protection of laws |
| Article 15 | Prohibition of discrimination on grounds of religion, race, caste, sex, etc. |
| Article 15(3) | Special provisions for Women and Children |
| Article 16 | Equality of opportunity in matters of public employment |
| Article 17 | Abolition of Untouchability |
| Article 18 | Abolition of Titles |
Memory Tips
- Discrimination Exception: General rule is "no discrimination" (15:1), but the exception for weaker sections (women & children) comes a couple of clauses down in 15(3).