Reservation Article 16 of Indian constitution talk about the “Equality of opportunity in matter of public employment”. It has 6 clause which added with Amendments, talk about whose this reservation will be deemed.
- Opportunity for all citizens in state employment.
- No discrimination for all citizen on sex, race, caste, descent, place of birth, residence in state employment.
- Empower the parliament to make laws regarding class or classes in state employment.
- Empower the State to make reservations law to backward in state employment.
- Reservation on Pramotion to Schedule caste and schedule tribes in employment of state.
- Incumbent of an office related to religion reserved belonging to that particular denomination.
- Economically weaker sections reservation.
Reservation Article 16(1) and 16(2) of Indian Constitution
The Article 16(1) and 16(2) of the Indian Constitution talk about equality of opportunity or appointment under the state.
That no citizen can be discriminated against or be in eligible for any employment or office under the state on the ground only of religion, race, cast, sex, place or birth, decent or residence.
Prescription of qualification and selective tests
Article 16 does not prevent state from prescribing the requisite qualification and selective tests for recruitment for government service.
Case Panduranga rao v. Andhra Pradesh Service Commission 1963 SC
In Panduranga Rao v. Andhra Pradesh Service Commission the validity of a rule prescribing that an applicant for the selection of district Munsif must at that time be practising as an advocate in Andhra Pradesh Court was challenged under Article 16.
The court has held that the rule is unconstitutional as there is no reasonable nexus between the qualification and the alleged object of an applicant possessing a knowledge of local laws which can be acquired by any lawyer practising in any Court.
Matters relating to employment or appointment
Article 16 not confined to initial matters but will apply to matter subsequent to appointment as well.
Case G.M, southern railway v. Rangach
Article 16(3) residence can be a ground for reservation of post
The Article 16(2) pays down grounds of Prohibition (residence). Article 16(3) is an exception to Article16(2).
Article 16(3) in power Parliament to regulate by law the extend to which it would be permissible for a state to depart from the above principle.
Reservation for Backward classes
Article 16(4 ) reservation for backward classes, this provision power state to make a special provision for reservation of appointment of posts.
Two conditions
- Class of citizen should be backward.
- sad class is not adequately presented in service of state.
- Article 16(4) is not an exception to Article 16(1).
- It is an enabling provision.
- Article 16 (4) is not Fundamental right in itself.
- Case Mukesh v. state of Uttrakhand.
Amendment in Article 16
77 amendment reservation in promotion
Carry forward rule in constitution of India
It applied when backlog vacancies are carried forward and added to fresh vacancies.
Article 16(5) of Indian Constitution
Religious qualification can be prescribed for incumbent of religious institution.
- Articles 16(5) is another exception to the general rule laid down in article 16(1) & (2 )
- which forbids discrimination in public employment in the ground of religion.
- Articles 16(5) says that are law which provide that the incumbent of an office in connection with the affair of any religious or denominational institution
- or any member of the governing body there of shall be a person professing a particular religion
- or belonging to a particular denomination shall not be treated to be a repugnant to this article.
Reservation Article 16( 6 ) of Indian Constitution
The Article 16(6) is added by 103rd amendment in 2018 to provide reservation to people from economically weaker sections in government posts.
Article 16(6) enable the state to make provision for Reserve ration in appointment again these provision will be subjected to a 10% ceiling in addition to the existing reservation. Not include SC ST OBC.
An explanation state that economic weakness shall be decided on the basis of family income and other indicators of economic disadvantage.