ARTICLE 16

All Indian citizens are guaranteed fundamental human rights under Part III of the Indian Constitution, and certain of these rights are also granted to non-citizens. In accordance with Article 16 of the Indian Constitution, all citizens have the same opportunities when working for the State in public employment.

According to Article 309 of the Indian Constitution, the government of India has the power to impose service requirements. However, Articles 14 and 16 apply to this. It would not be incorrect to refer to Article 16 as the species of Article 14, if that is the case. The notion of fair classification and the prohibitions against arbitrariness are both expanded upon in Article 16, which is just an addition to Article 14.

What does Article 16 states?

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 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 favor of any backward class of citizens, which, in the opinion of the State, is not adequately represented in the services under the State.”

Clauses of Article 16

Article 16(1)

• The fundamental principle of equal opportunity for all citizens in areas of public employment or appointment to any office under the State is established in Article 16(1). As a result, every person, regardless of background, has an equal right to apply for and be given consideration for positions with the government.

Article 16(2)

• It forbids discrimination on the basis of certain factors, including religion, race, caste, sex, descent, place of birth, or domicile, in employment or office appointments. No citizen shall be excluded from participation or subjected to discrimination based solely upon such factors, according to this provision.

Article 16(3)

• But this general rule has an exception, which is provided by Article 16(3). It enables Parliament to enact laws that specify residency requirements for particular occupations or positions. To put it another way, some government jobs may have a requirement that applicants must have lived in a specific state or union territory for a specific amount of time in order to qualify for the post.

Article 16(4)

• Furthermore, Article 16(4) gives the State the authority to establish rules for the reservation of appointments or postings in favor of any disadvantaged group of individuals who are not sufficiently represented in state-run professions. Addressing historical injustices, promoting social inclusion, and elevating neglected groups are the goals of this reservation policy.

• A vital tool for advancing social justice and affirmative action in India has been the reservation policy. The Constitution guarantees Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) quota in public employment and educational institutions. India’s efforts to overcome historical discrimination and establish a more just society depend heavily on these restrictions.

• But Article 16(4) also places some restrictions on the scope of reservations. Together, the total reservation for SCs, STs, and OBCs cannot be greater than 50%. Additionally, the Constitution does not provide for economic-based reserves, but in 2019, the Indian Parliament changed the Constitution to allow for a 10% quota in public jobs and educational institutions for members of the general category who are economically weaker.

Landmark cases regarding Article 16

• The Supreme Court maintained the constitutional legality of OBC reservations in the well-known case of Indra Sawhney & Ors. v. Union of India (also known as the Mandal Commission case), subject to a few restrictions. The court stressed that reservations are only one of the tools available to achieve social justice and that their implementation must be done without jeopardizing the public administration’s general effectiveness and meritocracy.

• Furthermore, the phrase “backward class of citizens” is included in Article 16(4) directly. Over the years, there has been a great deal of discussion and judicial scrutiny around the definition and classification of backward classes. To identify and recommend the inclusion of backward classes for reservation benefits, the government has established a number of commissions, including the Mandal Commission. Regional variances in reserve rules result from differences in the standards and procedures for such identification between states and Union territories.

• Promotions are covered under Article 16 as well as only direct appointments. The Supreme Court of India ruled in the famous case of M. Nagaraj & Others vs. Union of India that reservations in promotions for SCs and STs are not a fundamental right, but that if the State wishes to offer such reservations, it must gather quantifiable data demonstrating backwardness, inadequate representation, and overall administrative efficiency.

Article 16 guarantees equal opportunities and safeguards against discrimination, but it does not enshrine an unqualified right to employment in the public sector. All eligible citizens should have an equal opportunity to compete for government employment, but ultimate selection and appointments should be based on merit, qualifications, and other relevant factors. This merely requires equality of opportunity.