Article 16 Of Indian Constitution

1. Article 16 of Indian Constitution indianconstitutions.com/article-16-of-indian-constitution hari May 28, 2020 Introduction (Article 16 equality of opportunity in matters of public employment) Article 16 of Indian Constitution provides for equality of opportunity for all citizens in the matter of employment or appointment to any office under state. no citizen can be discriminated against or be ineligible for any employment or office under state on grounds of only religion race cast sex Descent place of birth or residence. Article 16 of Indian Constitution Article 16 of Indian Constitution (equality of opportunity in matters of public employment) 1. Article 16 of Indian Constitution provides for equality of opportunity for a citizen in matters regarding employment or appointment to any office below the state. 1/4

2. 2. No citizens shall, on grounds only of faith, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, discriminated against in respect of, any employment or of religion below the state. 3. Nothing during Article 16 shall prevent Parliament from creating any law prescribing, with respect to a class or classes of employment or appointment to an office below the govt. of, or any local or other authority inside, a state or union territory, any requirement on residence inside that state or union territory before such employment or appointment. 4. Nothing during Article 16 shall stop the state from creating any provision for reservation of appointment or post in favour of any backward classes of citizens that within the opinion of the state, aren’t adequately described within the service under the state. (4A)- Nothing during Article 16 shall stop the state from creating any provision for reservation in matters of any promotion, with of import seniority, to any class or classes of posts within the services below the state. in favour of the scheduled caste and scheduled tribes that, within the opinion of the state, aren’t adequately described within the service below the state. (4B)- In Article 16, nothing 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) for clause (4 a) as a separate class of vacancies to be filled up in any succeeding year or years and such class vacancies shall not be review with each other with the vacancies of the year in which they are being filled up for determining the ceiling of 50%. reservation on the total number of vacancies of that year. 2/4

3. 5. In Article 16, nothing shall affect the operation of any law which provides the incumbent of an office in connection with the affair of any religious or denominational institution or any member of the governing body thereof shall be a person processing a particular religion are belonging to a particular denomination. NOTE – Descent and residence are the two additional criteria are found in Article 16(2) as compared to article 15 (1). Mandal Commission and Aftermath in 1979 The Morarji Desai government appointed the second backward classes commission under the chairmanship of BP Mandal, a member of parliament in terms of article 340 of the constitution to investigate the condition of the socially and educationally backward classes and suggested measure for the advancement commission submitted its report in 1980 and identified as many as 3743 castes of socially and educationally backward classes. They constitute nearly 52% component of the pollution excluding the scheduled caste and scheduled tribes commission recommended for reservation 27% government job for the other backward classes so that the total reservation for SC ST and OBC amount to 50% for it was after 10 years. in 1990 the VP Singh Government declared reservation of 27% government job for the OBCs. Again in 1991, the Narasimha Rao government introduced two changes: (a)- reference to poorer section amount OBC in the 27% quota example adaptation of the economic criteria in guarantee reservation. (b)- reservation of another 10% of jobs for the poorer economically backward section of castes who are not covered by any visiting scheme of reservation. In the famous Mandal case also known as Indira Sawhney case in 1992 scope and stand of article 16 (4) which provide for reservation of jobs in favour of backward classes has been examined thoroughly by the supreme court. Though the court has rejected the additional reservation of 10% for the Read more… 3/4

4. For more Notes and References pls visit – https://www.indianconstitutions.com/ Also, read about it: List of 12 schedules of Indian Constitution All Salients Featuers of Indian Constitution Article 15 of indian constitution Article 20 of Indian Constitution Article 21 of Indian Constitution Preamble of Indian Constitution 4/4