Article 16: Equality of Opportunity in Matters of Public Employment

Actual Article

Article 16 of the Indian Constitution provides for equality of opportunity in matters of public employment. The article is divided into the following clauses:

1. Clause (1): There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
2. Clause (2): No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
3. Clause (3): Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment.
4. Clause (4): Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
5. Clause (4A): Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services under the State in favor of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.
6. Clause (4B): Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty percent reservation on total number of vacancies of that year.

UPSC Notes for Article 16

• Objective: Ensure equality of opportunity for all citizens in public employment and prevent discrimination based on religion, race, caste, sex, descent, place of birth, or residence.
• Key Provisions:
• Equality of opportunity in public employment (Clause 1).
• Prohibition of discrimination (Clause 2).
• Provision for residence-based requirements (Clause 3).
• Reservations for backward classes (Clause 4).
• Reservations in promotions for SCs/STs (Clause 4A).
• Consideration of unfilled reserved vacancies in subsequent years (Clause 4B).
• Significance: Promotes social justice and inclusivity in government jobs and public sector employment, addressing historical inequalities.

Important Cases and Commissions Related to Article 16

• Indra Sawhney vs. Union of India (1992): Known as the Mandal Commission case, the Supreme Court upheld the implementation of reservations for OBCs in central government jobs and educational institutions but capped the total reservation at 50%.
• Nagaraj vs. Union of India (2006): The Supreme Court validated the constitutional amendments providing reservations in promotions for SCs and STs but imposed certain conditions, such as demonstrating backwardness and inadequacy of representation.
• M. Nagraj vs. Union of India (2018): Reaffirmed the need for quantifiable data to justify reservations in promotions, ensuring they do not hamper the efficiency of administration.

Important Reports Related to Article 16

• Mandal Commission Report (1980): Recommended 27% reservation for OBCs in government jobs and educational institutions to uplift socially and educationally backward classes.
• Second Administrative Reforms Commission (2005-2009): Emphasized the need for inclusive policies to ensure fair representation of various social groups in public services.

Previous Year Prelims Questions Related to Article 16

1. Prelims 2016:

• Which one of the following categories of Fundamental Rights incorporates protection against untouchability as a form of discrimination?
  • (a) Right against Exploitation
  • (b) Right to Freedom
  • (c) Right to Constitutional Remedies
  • (d) Right to Equality
  • Answer: (d) Right to Equality

Previous Year Mains Questions Related to Article 16

1. Mains 2018:

• Discuss the constitutional provisions under Article 16 that promote equality of opportunity in matters of public employment in India. How do these provisions aim to achieve social justice?

1. Mains 2019:

• “Article 16(4) of the Indian Constitution enables the state to make any provision for the reservation of appointments or posts in favor of any backward class of citizens.” Examine this statement in the context of the Indra Sawhney judgment and subsequent developments.

By understanding Article 16 in-depth, including its provisions, judicial interpretations, and related cases, aspirants can better appreciate the constitutional framework designed to promote equality and social justice in public employment in India.