13.Article 15 and Article 16

Question 1

What do negative rights entail?

Answer 1

Negative rights impose restrictions on the state, expressed as “the state shall not deny…”

Question 2

What does Article 15 of the Constitution of India prohibit?

Answer 2

Article 15 prohibits discrimination by the state against any citizen based on religion, race, caste, sex, place of birth, or any of them.

Question 3

What are the specific areas where discrimination is prohibited under Article 15?

Answer 3

Under Article 15, discrimination is prohibited in access to shops, public restaurants, hotels, places of public entertainment, as well as the use of wells, tanks, bathing chats, roads, and places of public resort maintained by the state or dedicated to the use of the general public.

Question 4

Were there any provisions in the original Constitution that allowed the state to make special provisions?

Answer 4

Yes, originally in the Constitution, Articles 15(1) to (3) permitted the state to make special provisions for women and children.

Question 5

What types of disabilities, liabilities, restrictions, or conditions are prohibited under Article 15?

Answer 5

Article 15 prohibits subjecting citizens to any disability, liability, restriction, or condition based solely on religion, race, caste, sex, place of birth, or any of them in relation to access to public places and facilities mentioned in the article.

Question 6

What is the purpose of Article 15?

Answer 6

The purpose of Article 15 is to ensure equality and prevent discrimination based on certain grounds, promoting inclusivity and equal access to public places and amenities.

Question 7

What does Article 15(4) of the Constitution state?

Answer 7

Article 15(4) allows the state to make special provisions for the advancement of socially and educationally backward classes of citizens, as well as for the Scheduled Castes and Scheduled Tribes. This provision was added through the First Amendment.

Question 8

What is the significance of Article 15(5)?

Answer 8

Article 15(5) empowers the state to make special provisions for the advancement of socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes in relation to their admission to educational institutions. This provision was added through the 93rd Amendment Act of 2005.

Question 9

What is the purpose of Article 15(4) and Article 15(5)?

Answer 9

Both Article 15(4) and Article 15(5) enable the state to implement affirmative action measures for the advancement of socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes. These provisions aim to address historical disadvantages and promote equal opportunities in education.

Question 10

Can the state make special provisions for admission to private educational institutions under Article 15?

Answer 10

Yes, under Article 15(5), the state can make special provisions for the admission of socially and educationally backward classes, Scheduled Castes, and Scheduled Tribes to educational institutions, including private institutions, aided or unaided by the state, with the exception of minority educational institutions referred to in Article 30(1).

Question 11

When were Article 15(4) and Article 15(5) added to the Constitution?

Answer 11

Article 15(4) was added through the First Amendment, while Article 15(5) was added through the 93rd Amendment Act of 2005.

Question 12

What is the key idea behind Article 15(1)?

Answer 12

The key idea behind Article 15(1) is that the state should refrain from engaging in any form of discrimination. It is a negative right that prohibits the state from interfering with an individual’s rights.

Question 13

What does Article 15(2) of the Constitution state?

Answer 13

Article 15(2) states that citizens should not discriminate against other citizens on the grounds of religion, race, caste, sex, place of birth, or any of them. It emphasizes the principle of non-discrimination among citizens.

Question 14

What do Article 15(3) to Article 15(6) allow the state to do?

Answer 14

Article 15(3) to Article 15(6) allow the state to make special provisions for certain sections of society. These provisions enable positive discrimination or affirmative action to promote the advancement of socially and educationally backward classes, Scheduled Castes, Scheduled Tribes, and other disadvantaged groups.

Question 15

What is the concept of positive discrimination?

Answer 15

Positive discrimination refers to the practice of providing special benefits or privileges to certain sections of society to address historical disadvantages and promote their advancement. It is enabled by provisions like Article 15(3) to Article 15(6) and is aimed at achieving social justice and equality.

Question 16

How does reservation relate to positive discrimination?

Answer 16

Reservation is a form of positive discrimination that provides quotas or reserved seats in educational institutions, employment, and government services for socially and educationally backward classes, Scheduled Castes, Scheduled Tribes, and other disadvantaged groups. However, reservation policies can also result in discrimination against individuals from the general category who do not benefit from these reservations.

Question 17

What is positive discrimination?

Answer 17

Positive discrimination, also known as affirmative action, is a government policy aimed at providing assistance and opportunities to minorities and disadvantaged groups in order to promote equality and address historical injustices.

Question 18

How does reservation relate to positive discrimination?

Answer 18

Reservation is a form of positive discrimination where certain quotas or reserved seats are allocated for socially and educationally disadvantaged groups in areas such as education and employment. It is designed to provide equal opportunities and uplift marginalized sections of society.

Question 19

What is the purpose of positive discrimination?

Answer 19

The purpose of positive discrimination is to rectify past and ongoing discrimination, promote equality, and provide a level playing field for marginalized groups. It aims to address social and historical injustices by giving preferential treatment to those who have been disadvantaged.

Question 20

What is the history behind reservation in India?

Answer 20

Before the Constitution came into force, there was widespread inequality and caste-based discrimination in Indian society. The Constitution, through Article 46, allowed the state to provide benefits for Scheduled Castes and Scheduled Tribes. State governments then implemented reservations in educational institutions as a means to fulfill the objectives of Article 46.

Question 21

How does positive discrimination seek to give a boost to disadvantaged groups?

Answer 21

Positive discrimination aims to uplift disadvantaged groups by providing them with opportunities that were historically denied to them. It helps in bridging the gap between privileged and marginalized sections of society and ensures that everyone has an equal chance to succeed.

Question 22

What was the Champakam Dorairajan case about?

Answer 22

The Champakam Dorairajan case was a legal case in 1951 that challenged the reservation policy implemented by the State of Madras, which reserved 68% of seats.

Question 23

What was the court’s ruling in the Champakam Dorairajan case?

Answer 23

The court held that the implementation of reservation violated the fundamental right to equality under Article 15 of the Constitution. It stated that the Directive Principles of State Policy cannot override fundamental rights.

Question 24

What did the court say about Article 15 and Article 46 in the Champakam Dorairajan case?

Answer 24

The court stated that Article 15, which prohibits discrimination based on religion, race, caste, or language, cannot be overridden by Article 46. It emphasized that no one can be denied admission solely on the grounds of these factors.

Question 25

What was the outcome of the Champakam Dorairajan case?

Answer 25

The Champakam Dorairajan case led to the First Amendment of the Constitution, which inserted clause (4) into Article 15. This amendment allowed the state to make special provisions for socially and educationally backward Scheduled Castes and Scheduled Tribes.

Question 26

How is Article 15(4) perceived in relation to Article 15(1)?

Answer 26

Article 15(4), which allows for special provisions for socially and educationally backward SCs and STs, is considered antithetical (opposite) to the idea of Article 15(1), which guarantees equality and non-discrimination. This creates a tension between the two provisions.

Question 27

What was the MR Balaji case about?

Answer 27

The MR Balaji case in 1962 challenged the reservation policy implemented by the State of Madras, which had provided 68% reservation. The court declared it as a ‘fraud on the constitution’.

Question 28

What was the court’s ruling in the MR Balaji case?

Answer 28

The court ruled that there should be a cap on reservation, with a maximum limit of up to 50%. The 68% reservation implemented by the State of Madras was deemed unconstitutional.

Question 29

What led to the TMA Pai case in 2002?

Answer 29

The issue of reservation in private educational institutions arose when these institutions were not implementing the government order to offer reservations. This led to the TMA Pai case.

Question 30

What was the court’s ruling in the TMA Pai case?

Answer 30

The court held that private colleges should offer reservations to students as per the government order. This ruling was significant as it recognized education as a profession or trade under Article 19(1)(g) and established guidelines for reservation in private educational institutions.

Question 31

What amendment allowed the state to make special provisions for SC and ST in private colleges?

Answer 31

The 93rd Amendment Act of 2005 inserted clause 5 to Article 15, which empowered the state to make special provisions for Scheduled Castes and Scheduled Tribes in private colleges.

Question 32

What was the significance of the Ashok Thakur case in 2008?

Answer 32

In the Ashok Thakur case, the validity of adding clause 5 to Article 15 was challenged. The court upheld its validity and reiterated that reservation should be allowed in private colleges.

Question 33

What steps were taken to implement reservation in private colleges in 2021?

Answer 33

In 2021, the Ministry of Human Resources Development issued a notification to implement reservation in private colleges, giving effect to Article 15(5). This was done due to the slow implementation of reservation in private colleges in many states.

Question 34

What was the ruling in the PA Inamdar case in 2005?

Answer 34

In the PA Inamdar case, the court held that private educational institutions should have autonomy in deciding fees but should not charge capitation fees. It also ruled that reservation should be implemented in private educational institutes.

Question 35

What was the significance of the Vishakha case in 1997?

Answer 35

In the Vishakha case, the court recognized sexual harassment at the workplace as a violation of the right to equality provided under Article 14 of the Indian Constitution. It highlighted the violation of Article 15, Article 19(1)(g), and Article 21 as well. The court established the Vishakha guidelines for the protection of women at their workplaces, which led to the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act in 2013.

Question 36

What does Clause 3 of Article 15 allow the government to do?

Answer 36

Clause 3 of Article 15 allows the government to frame special laws regarding the protection of women and the abolition of sexual harassment. Sexual harassment is considered a violation of the fundamental rights of equality guaranteed under Article 14(2) and Article 15(3).

Question 37

How does sexual harassment violate Article 19(1)(g) of the Indian Constitution?

Answer 37

Sexual harassment violates Article 19(1)(g), which grants every woman the constitutional right to participate in public employment. It places women in an unequal position by subjecting them to risks and hazards.

Question 38

How did the Supreme Court view the right against sexual harassment under Article 21?

Answer 38

The Supreme Court held that the right against sexual harassment is inherent in the right to life and right to dignity under Article 21 of the Indian Constitution. This means that individuals have the right to a safe and harassment-free work environment as part of their fundamental rights.

Question 39

How does the Vishaka case (1997) define sexual harassment?

Answer 39

The Vishaka case defines sexual harassment as unwanted sexual determination that includes physical contact or advances, demands or requests for sexual favors, sexually colored remarks, showing pornography, and any other unwelcome conduct, whether physical, verbal, or non-verbal.

Question 40

What is the duty of the employer according to the Vishaka case?

Answer 40

According to the Vishaka case, if the conduct towards an employee amounts to a criminal offense punishable under the Indian Penal Code, the employer has the obligation to file a complaint. The employer must take action and ensure that witnesses are not further victimized.

Question 41

What is the purpose of a complaint redressal committee according to the Vishaka case?

Answer 41

The complaint redressal committee, as mandated by the Vishaka case, ensures that employee complaints regarding sexual harassment are properly addressed and appropriate action is taken in response to such complaints.

Question 42

What is the employer’s duty if an employee is sexually harassed or tortured by a third party?

Answer 42

According to the Vishaka case, if an employee is sexually harassed or tortured by a third party, the employer is obligated to assist the employee in every possible manner.

Question 43

What is the duty of the employer in spreading awareness about sexual harassment?

Answer 43

The Vishaka case holds that it is the duty of the employer to spread awareness within the organization about sexual harassment. This can be done through notifications, conducting workshops, and employing interactive methods to make female employees aware of their rights.

Question 44

What is the duty of the government as per Article 15(3) in relation to sexual harassment?

Answer 44

The Vishaka case urges the central and state governments to pass necessary legislation to ensure that the private sector is also bound by the guidelines on sexual harassment. This would contribute to the growth and prosperity of women and the nation as a whole.

Question 45

What replaced the Vishaka guidelines?

Answer 45

The Vishaka guidelines were later replaced by the Sexual Harassment of Women at the Workplace (Prevention, Prohibition, and Redressal) Act, 2013.

Question 46

What are the five grounds of prohibition upon the State against discrimination mentioned in Article 15 (1)?

Answer 46

The five grounds of prohibition are not specified in the given information.

Question 47

What are the five grounds of prohibition upon the State against discrimination mentioned in Article 16 (1)?

Answer 47

The five grounds of prohibition are religion, race, caste, sex, and descent.

Question 48

Which institutions are covered under Article 15 (1)?

Answer 48

Article 15 (1) covers educational institutions.

Question 49

Which sector is covered under Article 16 (1)?

Answer 49

Article 16 (1) covers public employment.

Question 50

What is the additional prohibition against discrimination in Article 16 (1)?

Answer 50

Article 16 (1) also prohibits discrimination on the grounds of residence and descent.

Question 51

Are there any exceptions to the prohibition against discrimination in public employment?

Answer 51

Yes, there are exceptions in some states, such as the State of Uttarakhand, for Group C and Group D jobs.

Question 52

What type of jobs are exempted from the prohibition against discrimination in the State of Uttarakhand?

Answer 52

Group C and Group D jobs are exempted from the prohibition against discrimination in the State of Uttarakhand.

Question 53

What is the provision mentioned in Article 16 (1)?

Answer 53

There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

Question 54

What does Article 16 (2) of the Constitution state?

Answer 54

Article 16 (2) prohibits discrimination in employment or office under the State based on grounds such as religion, race, caste, sex, descent, place of birth, residence, or any of them.

Question 55

What does Article 16 (3) allow Parliament to do?

Answer 55

Article 16 (3) allows Parliament to make laws regarding residence requirements within a state or union territory prior to employment or appointment to certain classes of employment or offices.

Question 56

What does Article 16 (4) enable the State to do?

Answer 56

Article 16 (4) empowers the State to provide reservations for appointments or posts in favor of any backward class of citizens that is deemed inadequately represented in the services under the State.

Question 57

What is the key idea behind Article 16 provisions?

Answer 57

The key idea is to ensure equality of opportunity in public employment and prevent discrimination based on various grounds. It also allows for the provision of reservations to address underrepresentation of certain backward classes.

Question 58

Can citizens be denied employment or discriminated against on specific grounds according to Article 16 (2)?

Answer 58

No, citizens cannot be denied employment or discriminated against based on grounds such as religion, race, caste, sex, descent, place of birth, residence, or any of them, as stated in Article 16 (2).

Question 59

What does Article 16 (3) allow Parliament to prescribe regarding employment or appointment?

Answer 59

Article 16 (3) allows Parliament to prescribe requirements, such as residence within a state or union territory, for specific classes of employment or appointment to government or local authority offices.

Question 60

What is the purpose of Article 16 (4)?

Answer 60

Article 16 (4) allows the State to make provisions for the reservation of appointments or posts in favor of backward classes that are not adequately represented in the services under the State.

Question 61

Give an example of a reservation provision under Article 16 (4).

Answer 61

An example is the reservation for transgender individuals in public services in Karnataka, which aims to provide adequate representation for this backward class in employment opportunities.