Imagine you’re waiting outside a hotel in Delhi, and security tells you to leave because of your caste. You feel wronged—what do you do? Article 15 of the Indian Constitution empowers you to challenge such discrimination. But who exactly can invoke this right? And against whom? Whether you’re a law student, a social activist, or just someone who cares about equality, understanding who can invoke Article 15 is crucial. In this guide, we’ll break down “citizen,” “State,” and the process to enforce this right—step by step.
Table of Contents
2. Bare Provision: Article 15
Article 15. Prohibition of discrimination on grounds of religion, race, caste, sex, place of birth or any of them
- The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
- No citizen shall, on such grounds, be subject to any disability or restriction regarding access to public spaces.
- Nothing prevents the State from making special provisions for women and children.
- Nothing prevents the State from making special provisions for socially and educationally backward classes, SCs, or STs.
3. What Does “Invoke” Article 15 Mean?
To invoke Article 15 means to rely upon its prohibition of discrimination and seek enforcement—typically by filing a writ petition under Article 32 (Supreme Court) or Article 226 (High Courts). You’re essentially saying, “The Constitution guarantees me equality; you breached it—remedy me.”
4. Who Is a “Citizen”?
4.1. Definition & Types
- Citizens by birth, descent, registration, or naturalization under Articles 5–11 of the Constitution.
- Examples: Someone born in India to Indian parents; an immigrant granted citizenship; a person registered under Section 5(1)(c).
4.2. Non-citizens: Are They Covered?
- Article 15’s text refers specifically to “citizens.” Foreigners cannot directly invoke Article 15(1)–(2).
- However, Article 14 (“Equality before law”) applies to all persons, so non-citizens can challenge arbitrary State action under Article 14.
Quick Takeaway
Citizens alone can invoke Article 15 directly. Non-citizens rely on other equality guarantees like Article 14.
5. What Constitutes the “State”?
5.1. Organic State Actors
- Executive, Legislature, Judiciary of Union and States.
5.2. Instrumentalities & Agencies
- Government departments, public undertakings, statutory bodies (e.g., PSU banks, municipal corporations).
5.3. Private Entities & Public Functions
- Private colleges, hospitals, or bodies performing public functions or using state funds can fall within “State” under Article 12.
- Illustration: A private hospital that receives government grants but discriminates by refusing treatment on caste grounds can be challenged.
Quick Takeaway
“State” is broad: It includes government branches, public bodies, and private entities performing State functions or using State resources.
6. Who Can Approach the Court Under Article 15?
6.1. Direct Petitioners
- A citizen directly facing discrimination (e.g., denied entry to public transport).
6.2. Public Interest Litigants
- Concerned individuals or NGOs can file PILs on behalf of discriminated groups (e.g., a human rights NGO challenging caste-based exclusion in slum water taps).
Quick Takeaway
Both individuals directly affected and public-spirited litigants can invoke Article 15, so long as the aggrieved are citizens.
7. Step-by-Step Guide: Invoking Article 15
- Identify the act of discrimination: Denial of access or benefit solely on forbidden grounds.
- Confirm citizenship: Ensure the aggrieved is an Indian citizen.
- Establish “State” involvement: Prove the discriminating actor qualifies as “State.”
- Gather evidence: Photographs, affidavits, witnesses.
- Choose remedy: Writ petition under Article 32 (SC) or Article 226 (HC).
- Draft the petition: Cite Article 15 and precedents.
- File & serve: Pay court fees, serve notice.
- Hearings & judgment: Present arguments; seek declaratory relief and costs.
8. Case Study: Yusuf Abdul Aziz v. State of Bombay (1954)
- Fact: Section 497 IPC criminalized adultery only by men—denying equal punishment to women.
- Issue: Was Section 497 violative of Article 15(1)?
- Decision: Section 497 was saved by Article 15(3), which allows special provisions for women.
- Insight: Special provisions are not discriminatory but remedial.
9. Common Mistakes & How to Avoid Them
- Mistake: Filing under Article 15 for non-citizens.
- Avoid: Check citizenship status; use Article 14 if foreigner.
- Mistake: Ignoring “State” definition.
- Avoid: Show private body’s public function or State funding.
- Mistake: Weak evidence.
- Avoid: Collect clear, time-stamped proof and credible affidavits.
10. Myth-Busting / Did You Know?
- Myth: Article 15 applies to everyone in India.
- Fact: Only citizens—others get Article 14 protection.
- Did you know? Article 15(5) (93rd Amendment) extended reservation in educational institutions to OBCs.
11. Expert Tips & Advanced Insights
- Tip: Use intersectionality arguments—seek relief for overlapping discrimination (e.g., caste+gender).
- Advanced: Invoke Articles 15(4)–(6) for affirmative action design flaws.
12. FAQs (People Also Ask)
Q1: Who can file a petition under Article 15?
Only an Indian citizen or a PIL on behalf of citizens can directly invoke Article 15.
Q2: Can private companies be bound by Article 15?
Yes, if they perform a public function or use State funds, they qualify as “State.”
Q3: Does Article 15 cover discrimination in private property?
No—only public places maintained by the State.
Q4: Can non-citizens challenge discrimination?
They cannot invoke Article 15 but can use Article 14.
Q5: What remedies are available?
Writs—mandamus, prohibition, or declaration—under Article 32/226.
13. Recommended Visuals
- Infographic of Step-by-Step Guide — alt text: “Infographic explaining how to invoke Article 15 in 8 steps.”
- Chart Comparing Article 15 vs Article 14 — alt text: “Comparison chart of Article 15 and Article 14 scopes.”
- Illustration of “State” Definition — alt text: “Visual depicting government, agencies, and private actors as ‘State.’”
14. Internal & External Linking Suggestions
Internal Links:
- How to File a Writ Petition (Kanoonpedia)
- Understanding Article 14: Equality Before Law
- Guide to Public Interest Litigation in India
External Credible Sources:
- Supreme Court of India judgments database
- Law Commission of India reports on discrimination (2023)
- United Nations Committee on the Elimination of Racial Discrimination
15. Checklists & Resources
Checklist: Invoking Article 15
- Confirm citizenship
- Identify discriminating act & grounds
- Prove “State” involvement
- Gather evidence
- Draft & file writ petition
16. Summary & Key Takeaways
- Only citizens can invoke Article 15; non-citizens use Article 14.
- “State” includes government, statutory bodies, and private actors performing public functions.
- Both individuals and PIL litigants can approach courts under Article 15.
- Step-by-step process ensures clarity and preparedness.
17. Conclusion & Call-to-Action
Article 15 is your constitutional shield against discrimination. Whether you face bias in public spaces or want to advocate for equality, knowing who can invoke Article 15 is the first step toward justice. Share your thoughts: Have you or someone you know used Article 15? Comment below or subscribe for more legal insights!
Author Bio
Adv. Arunendra Singh, a legal scholar, content strategist, and innovator who bridges traditional legal practice with emerging technologies. Currently at NLSIU, Bangalore, has been awarded by President of India for exceptional academic and leadership achievements. As Founder of Kanoonpedia, Arunendra has built a premier legal-education platform offering in-depth constitutional analyses, landmark case studies, and exam-focused guides.
He is also Co-Founder of Clicknify, the “Anti-Agency Agency” for startups. Using his proprietary Legal Clarity™ framework—which fuses doctrinal research, SEO-driven content architecture, and interactive study tools, he has elevated user engagement by over 70% and doubled session durations across both platforms. In his consulting practice, Arunendra applies expertise in digital marketing and UX clarity audits to help edtech ventures achieve measurable growth through data-driven design and strategic conversion roadmaps.
Trusted by top-tier law faculties, student associations, and early-stage startups, his hands-on workshops and advisory services have boosted organic traffic by 150% and transformed passive readers into active learners. Connect with Adv. Arunendra Singh for thought leadership in legal innovation and technology law: LinkedIn