Article 16 – Constitution of India 

Article 16 – Constitution of India 

Previous

Click for Index

Next

Article 16 – Equality of opportunity in matters of public employment

Bare Act Text

(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 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.

(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 favour of the Scheduled Castes and the Scheduled Tribes.

(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.

(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 shall be a person professing a particular religion or belonging to a particular denomination.

Explanation in Simple Language

This Article ensures equality in government employment with reservation exceptions.

Illustrations

Reservation in promotion for SC/ST is allowed under clause (4A).

Important Case Laws

• Indra Sawhney v. Union of India
• M. Nagaraj v. Union of India

Practical Notes

Data on backwardness and representation is essential for promotion reservation.

FAQs

Q. Is reservation mandatory?
A. No, it is discretionary.

Article 16 – Constitution of India 

Previous

Click for Index

Next