Constitution of Bharat: Article 15: Part 2

 

The Parliamentary Debates on Article 15 of the Indian Constitution, as discussed in the Constituent Assembly, focused on prohibiting discrimination and ensuring equality. Here's a summary:

Key Points of Discussion:

1. Draft Article 9 to Article 15:
   • The debate on what would become Article 15 occurred on November 29, 1948, when it was initially listed as Draft Article 9. The primary aim was to prevent discrimination on grounds of religion, race, caste, sex, or place of birth.
2. Expansion of Protected Grounds:
   • Some members suggested including discrimination based on family or descent, but these proposals were not adopted. The general consensus was that the language of the article was sufficiently broad to cover various forms of discrimination without explicitly listing every possible ground.
3. Public Access:
   • There were discussions about specifying public spaces like gardens, roads, and tramways where discrimination should be prohibited. However, it was argued that the Article's wording was inclusive enough to cover all public spaces, even those not explicitly mentioned.
4. Special Provisions:
   • An amendment was proposed by Prof. K.T. Shah to extend special provisions to Scheduled Castes and Tribes, similar to those for women and children. This was rejected by Dr. B.R. Ambedkar, who was concerned that it might lead to legal segregation rather than integration.
5. Adoption and Amendments:
   • The Article was adopted with minor modifications. Over time, amendments have been made to Article 15:
     • Clause (3) allows special provisions for women and children.
     • Clause (4) added via the 1st Amendment in 1951, enables special provisions for advancement of backward classes, Scheduled Castes, and Tribes.
     • Clause (6) inserted by the 103rd Amendment in 2019, provides for reservations for economically weaker sections (EWS).
6. Judicial Interpretation:
   • The Supreme Court has used Article 15 to invalidate discriminatory state laws, especially those involving separate electorates and religious quotas, emphasizing the broad application of non-discrimination principles.

Controversies and Judicial Impact:

• The debates and subsequent judicial interpretations have centered around balancing equality with affirmative action, ensuring that measures meant to uplift marginalized communities do not inadvertently perpetuate discrimination.
• Landmark cases like Ashok Kumar Thakur vs. Union of India (2008) and Janhit Abhiyan vs. Union of India (2022) have further defined the scope of Article 15, particularly regarding reservations for backward classes and economically weaker sections.

Conclusion:

The Constituent Assembly's discussions on Article 15 set a foundation for a non-discriminatory legal framework in India, reflecting the nation's commitment to social justice and equality. These debates were pivotal in shaping how India addresses discrimination, with ongoing legislative and judicial clarifications ensuring the Article remains relevant to contemporary issues.