Articles 14, 15, and 16
Equality, Non-Discrimination, and Reservation
Part III of the Constitution (Fundamental Rights) contains the equality provisions that govern reservation policy. Article 14 guarantees equality before law and equal protection of laws to all persons. Article 15(4), inserted by the First Constitutional Amendment (1951), enables the State to make special provision for the advancement of socially and educationally backward classes or Scheduled Castes and Scheduled Tribes. Article 16(4) specifically enables reservation in public employment for backward classes.
- Article 14 prohibits "hostile discrimination" — treating similarly situated persons differently without a rational basis. The Court invoked this to strike down differential treatment of PSU employees vis-à-vis government employees of similar social standing.
- Article 15(1) prohibits discrimination by the State on grounds of religion, race, caste, sex, or place of birth; Article 15(4) is an enabling exception for affirmative action.
- Article 16(1) guarantees equality of opportunity in public employment; Article 16(4) creates the enabling provision for reservations — the two must be read harmoniously.
- The Supreme Court in Indra Sawhney treated Articles 15(4) and 16(4) as exceptions to Articles 15(1) and 16(1) respectively, meaning reservation must be targeted and not extend to those who no longer require protection.
● Tracked since March 12, 2026 · last seen March 24, 2026 · updates as the daily brief publishes
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