Visually challenged candidates are eligible for judicial services
Why in the news?
Recently, in a landmark judgment, the Supreme Court held that visually challenged candidates are eligible for judicial services and referred to the Parliament to amend Article 15 of the Constitution to include ‘disability’ as a ground for non-discrimination.
- The court also underscored the importance of ‘inclusivity’, stating that- “If there is one principle that forms part of the bedrock of the Constitution, it is ‘inclusivity’ on which also rests the doctrine of equality.”.
Relevance:
GS-02 (Indian polity)
Key Suggestions by the Supreme Court:
- Amendment of Article 15: The court pointed out the glaring omission of disability as a protected category and suggested that it be included through a constitutional amendment.
- Elimination of Indirect Discrimination: The court emphasized removing procedural barriers and rigid cut-offs that exclude persons with disabilities (PwDs) from judicial service.
- Relaxation in Selection Criteria: Authorities must provide reasonable accommodations in the selection process when a sufficient number of PwD candidates are not available.
- Separate Cut-off for Visually Impaired Candidates: A distinct cut-off should be maintained for visually impaired aspirants to ensure fair opportunities.
What is Article 15?
- Article 15 of the Constitution of India prohibits discrimination on the basis of religion, race, caste, sex, or place of birth.
- It is a vital part of the Indian Constitution that ensures equality and social justice.
Exceptions Under Article 15 of the Indian Constitution
- Article 15(3) – Special Provisions for Women & Children
- The state can make special provisions for women and children, such as free education or seat reservations.
- Revathi v. Union of India (1998): SC ruled that such provisions do not count as discrimination but as positive measures.
- Article 15(4) – Special Provisions for Backward Classes, SCs & STs
- Allows the state to make special provisions for socially and educationally backward classes, SCs, and STs.
- Example: Fee concessions & seat reservations in public educational institutions.
- Added by the First Amendment Act, 1951.
- Article 15(5) – Reservation in Educational Institutions
- The state can provide reservations for SEBCs (Socially and Educationally Backward Classes), SCs, and STs in educational institutions, including private institutions (except minority institutions).
- Added by the 93rd Constitutional Amendment Act, 2005.
- Upheld in Ashok Kumar Thakur v. Union of India (2008).
- Article 15(6) – Reservation for Economically Weaker Sections (EWS)
- Up to 10% reservation for EWS in educational institutions, including private institutions (except minority institutions).
- Introduced by the 103rd Constitutional Amendment Act, 2019.
- EWS criteria are based on family income and economic indicators notified by the state.
Prelims Question:
The right to not be denied the use of public wells, tanks, and bathing ghats solely maintained by state funds is outlined by which of the following articles:
(a) Article 14
(b) Article 15
(c) Article 16
(d) Article 17
Ans: (b) Article 15
