The speaker discusses Article 15 of the Indian Constitution, which prohibits discrimination based on religion, caste, race, sex, or place of birth. The speaker explains that this law aims to prevent discrimination and promote equality in society. They also discuss Clause 1 of Article 15, which states that no citizen should be discriminated against based on the aforementioned factors.
The speaker then delves into the concept of positive discrimination, which is permitted by the Constitution to provide special provisions for women and children. They provide examples of this in the form of maternity benefits and child labor regulations.
The speaker also discusses the historical context of Article 15, mentioning the First Amendment Act of 1951, which added Clause 4 to the article. This clause allows for positive discrimination in favor of socially and educationally backward classes. The speaker then discusses the case of D.P. Joshi versus the State of Madhya Pradesh, in which the Supreme Court upheld the constitutional validity of the reservation policy.
The speaker also talks about the case of State of Madras versus Champakam, where a student lost his admission to a medical college due to reservations. The Supreme Court, in its judgment, allowed the reservation policy under Article 15.
The speaker concludes by emphasizing the importance of understanding the concepts of equality and equity, and the six clauses of Article 15. They stress the need for a clear understanding of Article 15 and its clauses for a comprehensive grasp of the Constitution.
1. The discussion revolves around Article 15 of the Indian constitution, which prohibits discrimination based on religion, caste, race, sex, or place of birth .
2. Article 15, Clause 1, prohibits the state from discriminating against any citizen based on these grounds .
3. The text mentions that Article 15 is similar to other articles like Article 15 of class 1 .
4. It is noted that in the past, discrimination was practiced in India, such as upper caste people using wells that lower caste people were not allowed to use .
5. The constitution was made to prevent such discriminations. It includes subclasses in class 2 that deal with access to shops, public restaurants, hotels, and places of public entertainment .
6. The constitution also addresses the use of well stands, bathing guards, roads, and places of public resort that are built by the state or using state funds .
7. The text discusses the concept of positive discrimination, which does not harm society. It mentions the 93rd Amendment on 2005 and the 103rd Amendment in 2019, which were part of Article 15 .
8. The text provides a definition of discrimination as making an adverse or unfavorable distinction between two persons based on their religion, caste, or gender .
9. The text mentions the First Amendment Act of 1951, which added Clause 4 to Article 15. It also discusses the 93rd Amendment on 2005 and the 103rd Amendment in 2019 .
10. The text discusses the case of DP Joshi versus the state of Madhya Bharat, which upheld the constitutional validity of the reservation order .
11. The text talks about the case of the state of Madras versus Champakam, where the judgment of the Supreme Court again arrived after the introduction of the First Amendment .
12. The text provides a distinction between equality and equity. Equality means giving the same opportunities or resources to all individuals or groups. Equity recognizes that each person has different circumstances and allocates the exact resources and opportunities needed to reach an equal outcome .
13. Article 15 has six clauses, with Clause 4 being the first amendment act in 1951 .