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Articles 15(4) and 16(4), no doubt, fall within Part III of the
Constitution comprising the fundamental rights. Every
provision of Part III, however, does not confer a fundamental
right. Some of the provisions of Part III are just definitional;
others are on the effect of the fundamental rights on the
existing and future laws. Still others provide for the
enforcement and implementation of the fundamental rights
while some others provide exceptions to the fundamental
rights. Because of this variety of provisions, doubt persists
whether Articles 15(4) and 16(4) confer fundamental rights.
These articles fall within the rubric of the 'Right to Equality'
which consists of five articles - Articles 14 to 18. While Article
14 prohibits the State from denying equality before the law or
the equal protection of the laws, Article 17 abolishes
untouchability and makes its practice punishable. Article 18
abolishes titles and prohibits their conferment by the State and
acceptance by the individual. Articles 15 and 16, which
naturally include Articles 15(4) and 16(4), read as follows:
"15. Prohibition of discrimination on grounds of religion, race,
caste, sex or place of birth.- (1) The State shall not
discriminate against any citizen on grounds only of religion,
race, caste, sex, place of birth or any of them.
(2) No citizen shall, on grounds only of religion, race, caste,
sex, place of birth or any of them, be subject to any disability,
liability, restriction or condition with regard to(a) access to shops, public restaurants, hotels and
places of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and
places of public resort maintained wholly or partly
out of State funds or dedicated to the use of the
general public.
(3) Nothing in this article shall prevent the State from making
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for SCs and STs such as Articles 46, 330, 332, 334 and 335.
Be that as it may, if Articles 15(4) and 16(4) confer
fundamental rights, as is established above, the courts need not
rely on any other provision to enforce them. They can grant the
required relief under them.
1. Professor of Law, Delhi University Return to Text
2. M.R. Balaji v. State of Mysore, AIR 1963 SC 649 Return
to Text
9.