"Constitutional Law: Safeguarding Freedoms and Governance."

The term 'constitution' is a French term and refers to the set of fundamental rules and regulations that govern the functioning of a nation-state or any other organization. A state’s constitution must meet greater requirements of legitimacy and integrity since it is the ultimate law of the nation. A Constitution means a legal document having a special legal sanctity that sets out the framework and the principal functions of the organs of the government of a state and declares the principles governing the operations of the government. Constitutional law' is concerned with the interpretation and implementation of the Constitution and its underlying principles. It forms the basis for individuals’ access to particular fundamental rights, inter alia the right to life, the right to privacy, the freedom to move, and the right to vote. It lays down procedural conditions that must be met before a governmental entity can intervene with an individual’s rights, liberties, or property. Constitutional law also deals with subjects such as judicial review, fundamental duties, and the power to make laws, among other things. we, the people of india, having solemnly resolved to constitute india into a 1 sovereign socialist secular democratic republic and to secure to all its citizens: justice, social, economic and political; liberty of thought, expression, belief, faith and worship; equality of status and of opportunity; and to promote among them all fraternity assuring the dignity of the individual and the 2 unity and integrity of the nation; in our constituent assembly this twentysixth day of november, 1949, do hereby adopt, enact and give to ourselves this constitution. Understanding the Constitution People should know a few things about the Constitution to help them understand what goes on in court and government every day. Article I: The Legislature The first section of the Constitution defines and describes the legislative branch, meaning Congress. It has two chambers: the House of Representatives and the Senate. This article limits what Congress can and can't do and how it can delegate power. Article II: The Executive The second section defines the executive officer of the United States. It lists the officers of the president's Cabinet and who may serve in the nation's most powerful job. Article III: The Judiciary The third section creates the court system, including the U.S. Supreme Court and other federal and state courts. The Constitution did not create judicial review, which made the judicial branch co-equal with the legislative and executive branches. That did not happen until the decision Marbury v. Madison (1803). The case gave the Supreme Court the power to consider laws passed by Congress and throw them out if they conflict with the Constitution. Article IV: The States The fourth section gave Congress the power to oversee the existing states and create new ones as the nation expanded. Key sections of this article are the full faith and credit clause, which makes contracts and court orders as valid in one state as in the state that made them, and the privileges and immunities clause, which guarantees equal treatment to citizens of all states. In this Article we will discuss about Article 15: Article 15 restricts discrimination on the grounds of: Religion – It means that a state or any group cannot discriminate against a person on the basis of religion from accessing any public place or policy. Race – A person should not be discriminated against on the basis of his/her ethnic origin. For example, a citizen of Afghan origin should not be discriminated against by those of Indian origin. Caste – It prohibits the discrimination on the basis of caste. Generally, it is to prevent atrocities committed by the upper caste. Sex – No individual should be discriminated against on the basis of their gender. For example, discriminating against females, trans genders, etc. Place of birth – The place where an individual is born should not become a reason for discrimination. Article 15 (1) of the Constitution Article 15(1) of the Constitution of India states that the State, which includes the government and its institutions, shall not discriminate against any citizen based solely on religion, race, caste, sex, place of birth or any of them. Article 15 (2) of the Constitution Article 15(2) of the Constitution of India is a fundamental right that prohibits discrimination against any citizen of India solely based on religion, race, caste, sex, place of birth, or any of them. The provision prohibits any citizen from being subjected to any disability, liability, restriction, or condition on these grounds. Clause (a) of Article 15(2) specifically prohibits discrimination in access to shops, public restaurants, hotels, and places of public entertainment. This means that no citizen can be denied entry or services at these establishments on the basis of their religion, race, caste, sex, place of birth or any of them. Clause (b) of Article 15(2) prohibits discrimination in the use of public facilities such as wells, tanks, bathing ghats, roads, and places of the public resort that are maintained either wholly or partly out of State funds or dedicated to the use of the general public. Article 15 (3): Special Provisions for women and children rticle 15(3) of the Constitution of India is a provision that allows the State to make special provisions for women and children, despite the general prohibition on discrimination on the basis of religion, race, caste, sex, place of birth or any of them under Article 15(1). Article 15(3) permits the State to make such special provisions without violating the fundamental right to equality guaranteed to all citizens. Article 15 (4): Special provision for SEBCs, or SCs & STs Article 15(4) of the Indian Constitution allows the State to make special provisions for the advancement of socially and educationally backward classes of citizens, Scheduled Castes, and Scheduled Tribes. This provision overrules any potential conflict between the fundamental right against discrimination and any affirmative action programs implemented by the government to address historical social and educational disadvantages. Article 15(5) of the Constitution Article 15(5) is a clause under the Indian Constitution that permits the government to make special provisions for socially and educationally backward classes and Scheduled Castes and Scheduled Tribes with regard to their admission to educational institutions, including private educational institutions, aided or unaided by the State. This clause was added by the Constitution (First Amendment) Act, 1951. Article 15(6) of the Constitution Article 15(6) allows the state to make special provisions for the advancement of economically weaker sections of citizens, other than the socially and educationally backward classes of citizens, Scheduled Castes, and Scheduled Tribes, which are already covered under clauses (4) and (5) of Article 15 of the Constitution of India. Conclusion In conclusion, Article 15 of the Indian Constitution prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. The interpretation of this article by the judiciary has evolved over the years and expanded its scope to include indirect discrimination and positive discrimination in favour of historically disadvantaged groups.