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Question

Which of the following are the grounds on which discrimination of citizens for admission to educational institutions in India is constitutionally prohibited?

A. Religion and Race

B. Sex and Place of birth

C. Nationality and Colour

D. Age and Nativity

Choose the correct answer from the options given below:

The correct answer is

A and B only

Understanding Constitutional Discrimination in Educational Institutions

The question asks about the grounds on which discrimination against citizens for admission to educational institutions is prohibited by the Constitution of India. This matter is primarily dealt with under Article 15 of the Indian Constitution.

Article 15 of the Indian Constitution: Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex or Place of Birth.

Article 15(1) states that the State shall not discriminate against any citizen on grounds only of:

  • Religion
  • Race
  • Caste
  • Sex
  • Place of birth
  • Any of them

While Article 15(1) provides a general prohibition against discrimination on these specific grounds, Article 15(5) was later added to specifically allow the State to make special provisions for the advancement of socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes regarding their admission to educational institutions, including private educational institutions (whether aided or unaided by the State, other than minority educational institutions referred to in clause (1) of article 30).

However, the core prohibited grounds for discrimination against citizens, as listed in Article 15(1), are the basis for determining what is constitutionally prohibited.

Analyzing the Given Options

Let's examine each pair of grounds provided in the options against the prohibited grounds listed in Article 15(1).

  1. A. Religion and Race: Article 15(1) explicitly lists both religion and race as grounds on which the state shall not discriminate against any citizen. Thus, discrimination based on religion and race for admission to educational institutions is constitutionally prohibited.
  2. B. Sex and Place of birth: Article 15(1) explicitly lists both sex and place of birth as grounds on which the state shall not discriminate against any citizen. Thus, discrimination based on sex and place of birth for admission to educational institutions is constitutionally prohibited.
  3. C. Nationality and Colour: Article 15(1) does not list nationality or colour as prohibited grounds for discrimination against citizens. Nationality is a distinction between citizens and non-citizens, and the Constitution treats these differently in many provisions. Colour is not among the specified prohibited grounds in Article 15(1).
  4. D. Age and Nativity: Article 15(1) does not list age as a prohibited ground for discrimination. Age can be a criterion for eligibility for various educational programs. 'Nativity' can overlap with 'place of birth', but age is definitely not a prohibited ground under Article 15(1).

Based on Article 15(1), the grounds explicitly prohibited for discrimination are Religion, Race, Caste, Sex, and Place of birth.

Conclusion

Comparing the options with the constitutional provisions, we find that:

  • Option A (Religion and Race) lists constitutionally prohibited grounds.
  • Option B (Sex and Place of birth) lists constitutionally prohibited grounds.
  • Option C (Nationality and Colour) lists grounds not explicitly prohibited by Article 15(1).
  • Option D (Age and Nativity) lists grounds not explicitly prohibited by Article 15(1).

Therefore, the grounds on which discrimination is constitutionally prohibited for admission to educational institutions (among other things) are Religion, Race, Sex, and Place of birth, as covered in options A and B.

The correct answer includes only the combinations of grounds that are explicitly prohibited by the Constitution.

Ground Constitutionally Prohibited? (Article 15)
Religion Yes
Race Yes
Caste Yes (Though not in the options provided)
Sex Yes
Place of birth Yes
Nationality No (Distinction allowed between citizens and non-citizens)
Colour No (Not listed in Article 15)
Age No (Not listed in Article 15)
Nativity Partially (Overlaps with Place of birth, but Age is not)

The correct answer is option 2, which states A and B only.

Revision Table: Prohibited Discrimination Grounds

Article 15 Ground Included in Option A? Included in Option B? Included in Option C? Included in Option D?
Religion Yes No No No
Race Yes No No No
Sex No Yes No No
Place of birth No Yes No Partially (Nativity)
Nationality No No Yes No
Colour No No Yes No
Age No No No Yes

Based on the explicit list in Article 15(1), options A and B list the grounds on which discrimination is constitutionally prohibited.

Additional Information on Article 15

Article 15 is a fundamental right ensuring equality and prohibiting discrimination. While Article 15(1) prohibits discrimination on specific grounds, subsequent clauses introduce important nuances:

  • \( \text{Article 15(3)} \): Allows the State to make special provisions for women and children.
  • \( \text{Article 15(4)} \): Allows the State to make special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. This enables affirmative action like reservations.
  • \( \text{Article 15(5)} \): Explicitly extends the power to make special provisions (including reservation) for the advancement of socially and educationally backward classes, SCs, and STs to admission into educational institutions, including private ones (except minority institutions under Article 30).

These clauses highlight that while discrimination on certain grounds is prohibited, the Constitution permits positive discrimination or special provisions to address historical disadvantages and promote equality for certain groups.

However, the question specifically asks about grounds on which discrimination is constitutionally *prohibited*, referring to the basic principle laid down in Article 15(1). The prohibited grounds are religion, race, caste, sex, and place of birth.

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