What Is Constitution Of India Article 16?

Constitution Of India Article 16: Equality Of Opportunity In Matters Of Public Employment

16. Equality of opportunity in matters of public employment.

• (1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
• (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) 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 {1}[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) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
• {2}(4A) Nothing in this article shall prevent the State from making any provision for reservation {3}[in matters of promotion, with consequential seniority, to any class] or classes of posts in the services under the State in favour 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.
• {4}(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 per cent. reservation on total number of vacancies of that year.
• 5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.
• {1} [(6) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten per cent. of the posts in each category.]

NOTE

1. {1}Substituted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for under any State specified in the First Schedule or any local or other authority within its territory, any requirement as to residence within that State (w.e.f. 1-11-1956).
2. {2}Inserted by the Constitution (Seventy-seventh Amendment) Act, 1995, s. 2 (w.e.f. 17-6-1995).
3. {3}Substituted by the Constitution (Eighty-fifth Amendment) Act, 2001, s. 2, for certain words (retrospectively w.e.f. 17-6-1995).
4. {4}Inserted by the Constitution (Eighty-first Amendment) Act, 2000, s. 2 (w.e.f. 9-6-2000).

Brief Detail

Article 16 guarantees equality of opportunity for all citizens in matters of public employment or appointment under the State. However, it allows for the reservation of posts in favor of certain categories such as backward classes, Scheduled Castes, and Scheduled Tribes. It also includes provisions for reservation in promotions and the consideration of unfilled reserved vacancies as a separate class.

Question

Q1: What does Article 16 ensure?

A1: Article 16 ensures equality of opportunity for all citizens in matters of public employment or appointment under the State.

Q2: Can reservations be made under Article 16?

A2: Yes, Article 16 allows the State to make reservations for backward classes, Scheduled Castes, and Scheduled Tribes in public employment, including in promotions and for filling unfilled reserved vacancies.

Example

Example 1: Reservation policies for Scheduled Castes and Scheduled Tribes in government jobs are enacted under Article 16.

Example 2: Special provisions for promotions with consequential seniority for Scheduled Castes and Scheduled Tribes are also implemented under this article.

Summary

Article 16 promotes equality of opportunity in public employment while allowing for affirmative action through reservations for disadvantaged groups to ensure social justice and representation.