Constitution of Bharat: Article 15: Part 1

 

The historical background of Article 15 of the Constitution of India can be understood through the lens of British rule and the subsequent deliberations in the Constituent Assembly. Here's a detailed overview:

British Era Historical Background:

• British Rule and Social Stratification: During British rule, India was governed under various acts like the Government of India Act 1935, which indirectly influenced the constitutional framework. The British colonial administration had entrenched social hierarchies, particularly through policies that often acknowledged and sometimes exacerbated existing caste and religious divisions for administrative convenience. This period set the stage for post-independence India to address issues of discrimination and inequality.
• Move Towards Independence: The demand for self-governance and a constitution that would reflect the nation's diverse society grew stronger. The push for a constitution was partly a reaction against the discriminatory practices under British rule, where issues like untouchability, caste discrimination, and religious biases were prevalent.

Discussion in the Constituent Assembly:

• Drafting and Debates: Article 15, which prohibits discrimination on grounds of religion, race, caste, sex, place of birth or any of them, was first introduced as Article 9 in the Draft Constitution of 1948.
  
  
  • Objective: The article was designed to ensure equality before the law and to prevent discrimination, aligning with the broader goal of social justice and equality in the new republic.
  • Debates: There were extensive discussions in the Constituent Assembly about what grounds should be protected against discrimination. Some members proposed adding more categories, like family and descent, but these were not incorporated as Dr. B.R. Ambedkar, the chairman of the Drafting Committee, argued that the existing text was broad enough to cover various forms of discrimination.
  • Amendments and Exceptions: Over the years, Article 15 has been amended to include provisions for affirmative action. The 1st Constitutional Amendment added Clause (4) to allow special provisions for socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes. Later amendments expanded these protections, notably with Clause (6) introduced by the 103rd Amendment in 2019 for economically weaker sections.
  • Key Figures: Dr. B.R. Ambedkar played a pivotal role in shaping this article, emphasizing the need for a constitution that would dismantle long-standing social injustices.
• Judicial Interpretation: The Supreme Court of India has interpreted Article 15 in various cases, expanding the scope of non-discrimination to include indirect discrimination, as seen in cases like Lt. Col. Nitisha v. Union of India (2021), where criteria that disproportionately affected women were struck down.
• Public Debate and Legislation: Article 15 has been central to discussions on reservation policies, affirmative action, and equality in education and public employment, influencing numerous legislative and judicial decisions over the years.

This article's journey from the British era's stratified society to a foundational piece of India's legal framework for equality underscores the nation's commitment to eradicating discrimination, reflecting both the challenges faced and the progressive aspirations of independent India.