In terms of public employment, equality of opportunity is guaranteed by Article 16 of Indian Constitution. This basic right attempts to guarantee that no citizen faces discrimination during the hiring and employment procedures in the public sector. The many aspects of Article 16, its importance, and its consequences for Indian citizens are explored in depth in this article.
Article 16 of Indian Constitution Provisions
Article 16(1)
This clause states that every citizen must have an equal opportunity to be hired or appointed to a position within the State. The limitation only applies to positions held in official capacities on behalf of the state. that is, the state official holding a position of authority. Given this, the clause does not prevent the state from establishing the proper standards for hiring people into government jobs, and the government is free to impose any additional appointment requirements that would help to ensure that the servants are adequately disciplined.
Thus, the guarantee in clause (1) extends to the following: (a) initial appointments; (b) promotions; (c) termination of employment; and (d) matters concerning the wage, periodic increments, leave, gratuity, pension, age of superannuation, and so on. Clause 16(1) addresses the equal pay for equal effort principle as well. According to Justice V.R. Krishna Iyer’s accurate observation in M. Thomas v. State of Kerala, 1976, the experience of reservation in practice showed that the benefits were primarily taken by the top creamy layer of the backward classes or classes, keeping the weakest among the weak and leaving the fortunate layers to consume the entire cake. considerably reduced as a result of increased work opportunities, higher educational standards, and the passage of time.
Article 16(2)
Based on religion, race, caste, descent, place of birth, domicile, or any combination of these characteristics, no citizen shall be denied employment or be subjected to discrimination in connection with any office or employment under the State. It is evident from the phrase “any occupation or office under the State” that only employment in the public sector is protected by Article 16(2).
The Supreme Court decided in K.C. Vasanth Kumar v. State of Karnataka 1985 that any reservations made in favor of disadvantaged groups (backward classes) should be based on the mean test. Additionally, it has been proposed that the reservation policy be reviewed roughly every five years to see if a class has progressed to the point where reservations are no longer required. Its name should be taken out of the list of inferior classes.
Article 16 of Indian Constitution Exceptions
Article 16(3)
Parliament may set residency requirements for particular roles or appointments in a state, union territory, local government, or other authority. As a result, the Public Employment (Residence Requirements) Act, of 1957 was passed by the parliament, requiring public employees in states like Andhra Pradesh, Manipur, Tripura, and Himachal Pradesh to reside there. As of right now, only Andhra Pradesh and Telangana have such a provision.
A 50% restriction on reservations was imposed by the Supreme Court in the M R Balaji v Mysore case of 1963 on almost all states, except for Tamil Nadu (69% under the 9th schedule) and Rajasthan (68% quota, including 14% for advanced castes, following the Gujjar violence of 2008). Tamil Nadu crossed the border in 1980.
Article 16(4)
The state has the authority to give preference to any member of the socially disadvantaged class in society when it comes to appointments or jobs. Article 16(4) was examined by the Supreme Court in the case of Devadasan v. Union of India. The “carry forward rule,” which the government established to regulate the appointment of members of underprivileged groups to government positions, was in effect in this particular case.
The Supreme Court ruled that the “carry forward rule” was unconstitutional because the government could not use its authority to deny people from classes other than the underprivileged fair equality of opportunity in areas of public employment.
Article 16(5)
A law may stipulate that a person holding a position of authority within a religious or denominational organization or a member of its board of directors must identify with that specific religion or denomination.
Put more simply, a mosque can mandate that the Imam must be an adherent of Islam, and a temple can establish a rule requiring its priests to be exclusively Hindu. Furthermore, these institutions’ rules will not be deem to violate Article 16.
Article 16(5) is an example of an exception that favors Article 26—“Freedom to manage religion matters”—above Article 16—“Equality of opportunity in the matter of public employment,” as is evident from this.
Article 16(6)
The state may set aside up to 10% of appointments or positions for any citizens who belong to economically disadvantaged groups. In addition to the existing reservation, this one-time reservation of up to 10% would be made.
For this purpose, the state would inform the economically disadvantaged areas regularly, taking into account indicators of economic disadvantage such as family income.
Conclusion
To guarantee equality in public employment, Article 16 of Indian Constitution is essential as it forbids discrimination based on religion, race, caste, and other categories. It includes several clauses and exclusions, such as reservations for socially and economically marginalised groups. Article 16 encourages inclusivity and justice in India’s public sector through its provisions.
