Reservation and Constitution: A Comprehensive Overview(EN)

Reservation is against the concept of equality, yet it is always necessary in many forms to establish and implement equality in society. Article 15 of Part 3 of the Indian Constitution, which deals with fundamental rights, is an important part of this section. This article prohibits discrimination on the grounds of religion, race, caste, sex, and place of birth. This fundamental right of a negative nature is available to the citizens of the country. Note that the benefit of Article 14, which explains the right to equality before the law, is equally available to citizens and non-citizens, while the benefit of Article 15 is available only to citizens. Clause 4 of Article 15 (inserted by the First Constitutional Amendment) empowers the State to make special provisions for the advancement of any backward classes of citizens socially and educationally, or for the Scheduled Castes and the Scheduled Tribes. Similarly, Article 15(3) empowers the State to make special provisions for women and children. Article 16 provides for equality of opportunity to all citizens in matters of public employment and empowers the State to make special provisions for the advancement of any particular class. The constitutional provisions made in our country for women, children, Scheduled Castes, Scheduled Tribes, and other economically or socially backward classes are spread under the exception given in Articles 15 and 16 of the Constitution.