Articles 14, 15, and 16
Equality Framework in Employment
Articles 14, 15, and 16 of the Constitution form the equality code. Article 14 guarantees equality before law and equal protection of laws. Article 15(1) prohibits the State from discriminating against citizens on grounds including sex. Article 16(1) guarantees equality of opportunity in matters relating to employment or appointment to any office under the State; Article 16(2) prohibits discrimination on grounds of sex. Article 15(3) provides an enabling clause allowing the State to make special provision for women and children — this is the constitutional basis for women-specific reservations and affirmative measures. The 2020 Babita Puniya judgment and the 2026 ruling both rest on Articles 14, 15, and 16, holding that policies which effectively bar women from career progression constitute prohibited discrimination based on sex.
- Article 14: Equality before law and equal protection; prohibits arbitrary state action
- Article 15(1): No discrimination by the State on grounds of religion, race, caste, sex, or place of birth
- Article 15(3): State may make special provisions for women and children (enabling, not mandatory)
- Article 16(1): Equality of opportunity in public employment
- Article 16(2): No discrimination in public employment on grounds including sex
- Indirect discrimination doctrine: Neutral policies that disproportionately affect women are unconstitutional even if sex-neutral on their face
● Tracked since March 12, 2026 · last seen March 24, 2026 · updates as the daily brief publishes