How would you like to reflect on the provisions of Article 15(4) and 15(5) established in the Constitution of India ?

Provisions of Article 15(4) and Article 15(5) of the Indian Constitution: A Critical Reflection

Article 15 guarantees the Fundamental Right against discrimination on grounds only of religion, race, caste, sex, or place of birth. Articles 15(4) and 15(5) operate as enabling constitutional exceptions ensuring substantive equality through affirmative action.

1. Article 15(4) — Special Provisions for Advancement of Backward Classes:

• Constitutional Genesis: Inserted by the 1st Constitutional Amendment Act, 1951 to overcome the Supreme Court's ruling in State of Madras v. Champakam Dorairajan (1951).
• Provisions: Empowers the State to make "any special provision for the advancement of any socially and educationally backward classes of citizens (SEBCs) or for the Scheduled Castes and the Scheduled Tribes."
• Scope: Enabled reservations and fee concessions in state-run general welfare programs and government educational institutions.

2. Article 15(5) — Reservation in Educational Institutions:

• Constitutional Genesis: Inserted by the 93rd Constitutional Amendment Act, 2005 to nullify the judicial verdicts in T.M.A. Pai (2002) and P.A. Inamdar (2005).
• Provisions: Empowers the State to make special provisions by law for the admission of SEBCs, SCs, and STs to all educational institutions, whether aided or unaided by the State, other than minority educational institutions (covered under Art. 30(1)).
• Judicial Upholding: Validated by the 5-judge Constitution Bench in Ashoka Kumar Thakur v. Union of India (2008), enabling 27% OBC reservation in IITs, IIMs, and Central Universities.

Conclusion: Articles 15(4) and 15(5) transformed Indian constitutionalism from formal procedural equality into real, transformative substantive equality.