Trilok Gupta's Blog

Article – 15 Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth: When a law comes within the prohibition of Article-15, it cannot be validated without Article-14 by applying the principle of reasonable classification. There are 5 clauses under Article-15, they are: 15(1) The State shall not discriminate against any citizen on the grounds  only of Religions, Race, Caste, Sex, Place of birth or any of them. 15(2) No citizen shall on the grounds only of Religions, Race, Caste, Sex,  Place of birth or any of them, be the subject of any of the disability,  liability, restrictions or any condition with regard to: Access to shops, public restaurants, hotels and any places of public entertainment or The use of Wells, tanks, Bathing Ghats, Roads and the places of public resort maintained wholly or partially out of state funds or is dedicated to the use of general public. 15(3) Nothing in this Article shall prevent the state ...

Protective Discrimination The concept of Protective Discrimination is the policy of granting special privileges to the abused or oppressed people and to the under-privileged sections of the society. “Protective” is showing a care to someone. “Discrimination” is any action, policies or practices that deny an individual or a group for an equal access to the society’s resource, rewards and opportunities. This is explained in: Safeguards for SC/ST Privileges for Women Provisions for Children 1. Safeguards for SC/ST: Article-15(4) Article-15(5) Article-16(4A) Article-17 Article – 15(4): The fourth clause which was added by the constitution (1st Amendment) Act 1951, enables the state to make a special provision for the protection of the interest of the backward classes of citizens and is therefore an exception to the Article-15 and 29(2) of the constitution. Under clause-15(4), there are 2 things to be determined: a) Socially and educationally backward classes, b) The limit of reser...