Special provisions for backward classes
Also called: Article 15(4) · Topic: Fundamental Rights and Constitutional Remedies · NCERT: Class 11, Ch 2 "Rights in the Indian Constitution"
Meaning
These clauses of Article 15 let the State make special provisions, such as reserved seats, for groups that have faced long disadvantage:
- Art. 15(4) (1st Amendment, 1951): covers socially and educationally backward classes (SEBCs), Scheduled Castes and Scheduled Tribes.
- Art. 15(5) (93rd Amendment, 2005): covers admissions to educational institutions, including private unaided ones. Minority institutions are left out.
These clauses move equality from equal rules on paper towards equal chances in real life.
Example
In Champakam Dorairajan (1951), the Supreme Court struck down Madras's caste-based quota in college admissions. Parliament responded by adding Article 15(4) through the 1st Amendment.
Don't confuse with
- Art. 15(6): added by the 103rd Amendment in 2019, it allows up to 10% for economically weaker sections (EWS). It is based on income, not on social backwardness.
- Art. 16(4): this clause covers reservation in public jobs, not education.
Related concepts
- Prohibition of discrimination
- Special provisions for women and children
- Equality of opportunity in public employment
- Residence requirement in public employment
- C.B. Muthamma case
- Untouchability
- Abolition of titles
- Balaji Raghavan case