Author: Annesha Marick, Techno India University
Headline of the article :
Article 16 of constitution of India guarantees equal opportunity in public employment based on certain characteristics –
Equality of opportunity: All citizens have equal opportunity to be employed or appointed to any office under the state .
Prohibition of discrimination: No citizens can be discriminated against based on religion , race , caste , sex , birth place or residence.
Reservation: The state make reservations for employment of people who are from backward classes such as the scheduled castes , scheduled tribes and economically weaker sections .
Article 16 is a fundamental right and is mentioned in part III of Indian constitution.
No one shall be discriminated based on caste , religion , sex etc
All to be employed based on their education qualification.
The article talks about opportunities -:
Equality of opportunity
Substantive equality of opportunity
Equality of opportunity:
Article 16 ensures citizens have an equal chance to be employed in government services
Article 15(4) and article 16(4) ensure equal opportunities of socially backward classes or sc tribes .
Substantive equality of opportunity:
There shall be no inequality treating everyone equally .
The same has been explained under Article 16 clause 4 ; 4a and 4b
USE OF LEGAL JARGON
Article 16 of the Indian constitution deals with the right to equal opportunity in matter of public employment
Article 16(1):
There shall be equal employment opportunity for all citizens of India.
No discrimination
Article 16 (2)
No citizens based on grounds of sex caste race place or birth residence shall be discriminated and not being employed this shall not happen
Article 16(3)
It allows parliament to make law so that a person to be resident of a particular union or state eligible for jobs or employment within that union territory
Article 16(4)
Refers to promotion process of government service
Article 16(5)
A person holding a office or position
Religious organization like temple mosque churches
Follow religion associated with their religion
PROOF
Article 16 aimed ensuring equal opportunity
Government employment discriminating ground of race religion caste sex place of birth .
No citizens will face such discrimination .
Several ruling interpreted article 16.
Government policy concerning reservation for backward classes and Sc St s provide practical evidence of article 16 4 in action
Proof of article 16 exist in its inclusion in constitution of India sc judgement have interpreted it.
Article 16 guarantees equality of opportunity in public employment, prevent discrimination and allows for special measures like reservation to ensure fair representation fo disadvantaged communities .
ABSTRACT
Article 16 of Indian constitution guarantees equality of opportunity in public employment. It ensures that no citizens is discriminated against in matters of government jobs based on religion race caste sex place of birth .
The state make provision for the reservation of posts for underrepresented groups like scheduled caste scheduled tribes and other backward classes . It allows certain regional preferences and exemptions for religious institutions
Article 16 promote fairness allowing affirmative action to uplift disadvantaged communities
CASE LAW
Indra sawney v union of India – also known as commission case this is one of the landmark cases dealing with article 16 and issue of reservation. The supreme court upheld constitutionality of 27 percent reservations for other backward classes (OBCs ) in government jobs under article 16 (4) . However the court introduced the concept of the creamy layer and excluded the more affluent members of OBCs should be excluded from reservation .
M.Nagaraj v. Union of India – In this case the supreme court examined amendments made to the constitution (article 16(4a) and 16(4b) that allowed reservation for promotion for SCs and STs .
Reservations in promotion are not allowed but the state must justify them with data ensuring efficiency is not compromised .
Jarnail singh v lachhmi narain gupta :-
This case dealt with the application of the creamy layer
The SC ruled that creamy layer should not apply to SC /ST reservations in promotion as well .
SCs and STs but the state must still provide data on inadequate representation .
CONCLUSION
Article 16 of the Indian constitution plays a crucial role in ensuring equality of opportunity in public employment
It prevents discrimination based on religion race caste sex and place of birth , promoting fairness in job recruitment and appointment public offices.
Article 16 balancing equality of opportunity in public employment. It prevents discrimination based on religion race caste sex place of birth
Promoting fairness in job recruitment and appointment to public offices.
In essence article 16 foster inclusive workforce addressing inequalities maintaining merit and efficiency in public employment.
