Article 16 of the Indian constitution with case laws| fundamental rights
introduction of the article 16.
Article 16 of the Indian Constitution guarantees the right to equality in matters of public employment. It specifically addresses the prohibition of discrimination on the grounds of religion, race, caste, sex, or place of birth, ensuring that all citizens are treated equally when it comes to government jobs.
Article 16:- equality of opportunity of public enjoyment.
Article 16(1): there shall be equality of opportunity for all citizens in matters relating to employment or appointment of any office under the state
Article 16(2): No citizen shell, on ground only of religion, race, caste, sex, place of birth, residence or any of them, The Ineligible for, or discriminated against in respect of, any employment are office under the state.
Article 16(3): Nothing in this article shall prevent Parliament for making any love 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 is to residence within that state or union territory prior to such employment or appointment.
Article 16(4): Nothing in this article shall prevent the state for making any provision for the reservation of appointment or posts in favour of any backward class are Seasons which, in the opinion of the state, are not adequately represented in the service under the state.
Article 16(4-A): Nothing in this article shall prevent the state for making any provision for reservation in matters of promotion, with consequential seniority, classes of posters in the services under the state in favour of the scheduled casters and the schedule a tribals which, in the opinion of the state, or not adequately represented in the services under the state
Article 16(4-B): 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 are clause 4-A as a separate class of vacancies to be filled up in any succeeding year are year and such clash of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of 50% reservation on total number of vacancies of that year.
Article 16(5): Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with affairs of any religious or denomination institution or any member of the governing body their of shall be a person professor particular religion or belonging to a particular denomination.
Article 16(6): Nothing in this article shall prevent the state from making any provision for the reservation of appointments of posters in favour of any economically weaker sections of seasons rather than the classes mentioned in clause 4, in addition to the existing reservation and subjected to a maximum of 10% of the post in each category.
Case laws:
Balaji V. State of Mysore AIR 1963
The court said in this case that article 16 clause 4 applies if it fulfills 2 conditions:
1. Backward class ( socially + educationally)
2. Adequate representation in service under state.
Darshan V Union of India
This case is also known as the carry forward rule case
In this case the court said if the seats are not filled any year the remaining the remaining seats shall have to forward to the next year but it must exceed the 50% reservation if it exceeds the 50% reservation then it is invalid.
The Indira Sawhney v. Union of India case
This case is also known as the Mandal Commission case, is a landmark judgment delivered by the Supreme Court of India on November 16, 1992. It addressed the issue of reservations in government jobs and education for Other Backward Classes (OBCs) in India.
Key Points of the Judgment:
Validity of Reservations: The Court upheld the constitutional validity of reservations for OBCs under Article 16(4) of the Indian Constitution, which allows for special provisions to be made for the advancement of socially and educationally backward classes of citizens.
Definition of Backwardness: The Court recognized caste as an indicator of social and educational backwardness but emphasized that it should not be the sole criterion. It also introduced the concept of the "creamy layer," excluding the economically well-off among the OBCs from reservation benefits.
Ceiling on Reservations: The Court set a ceiling of 50% on total reservations, including those for Scheduled Castes (SCs), Scheduled Tribes (STs), and OBCs.
Reservations in Promotions: The Court held that reservations cannot be extended to promotions in government jobs.
Impact of the Judgment:
The Mandal Commission case had a profound impact on India's reservation policies. It led to the implementation of 27% reservations for OBCs in central government jobs and sparked widespread debate and protests across the country. The judgment also had implications for other affirmative action programs in India.
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