Article 16 Of The Indian Constitution

Article 16

Equality of opportunity in matters of public employment –

In the aftermath of India's independence in 1947, the focus was on ensuring that every individual was treated equally and with dignity. Human rights became a key concern in the country, and efforts were made to uplift weaker sections through education and employment. Article 16 of the Indian Constitution is an extension of Article 14, which guarantees the right to equality before the law and equal protection of the laws. Article 16 specifically prohibits discrimination in matters of employment or appointment to any office under the State on the grounds of religion, race, caste, sex, or place of birth. It aims to ensure that every individual has an equal opportunity to employment and public office.

Scope-

Article 16 ensures equal opportunity in public employment, prohibits discrimination, and allows reservation for disadvantaged groups but its scope is limited to citizens of India.

Key features of Article 16 include:

1. It is available only to citizens of India.
   
   
2. It relates to matters of employment in the public sector.
   
   
3. It provides grounds for discrimination in employment.
   
   
4. Parliament has the power to make residence a ground for discrimination.
   
   
5. It provides reservations for backward classes, scheduled castes, and scheduled tribes.
   
   
6. It allows reservations in promotions.
   
   
7. It provides grounds for carrying forward vacancies.
   
   
8. It prohibits individuals of other religions from entering an office of a different religious institution.
   
   
9. There is a ceiling limit of 50%.
   
   
10. It provides reservations for economically weaker sections.
    
    
11. It includes the concept of the creamy layer.

Article 16 in detail-

Article 16(1) states that every citizen shall have an equal opportunity to be considered for employment or appointment to any public office under the State.

Article 16(2) provides the seven grounds on which discrimination in employment or appointment to any public office under the State is prohibited, namely:

1. Religion

2. Race

3. Caste

4. Place of birth

5. Sex

6. Descent

7. Residence

Article 16(3) provides an exception to Article 16(2) by allowing Parliament to enact a law that permits discrimination based on residence for employment or appointment to any office under the control of the State, Union Territory, local authority, or other specified authority.

Article 16(4) states that the reservation in employment or appointment can be made by the state in favour of-

•  Any Backward class of citizens
• Not adequately represented in the services under the state

Article 16(4A) states provides reservation in promotion for Sc/St it was added by 77th amendment act

Article 16(4B) provision added by 81th amendment act. It states the concept of carry forward of unfilled posts. I.e., if there are vacancies reserved for certain categories in a particular year, and if they remain unfilled, they can still be considered separately for the next year's recruitment process, without being counted towards the 50% reservation limit for that year.

 Article 16(5) prohibits individuals of other religions from entering an office of a different religious institution.

Article 16(6) provides reservation of 10 per cent to economic weaker sections

Case laws relating to article 16

• Balaji vs State of Mysore: In this case, the Supreme Court held that the reservation of seats for backward classes in educational institutions should not exceed 50% of the total seats available. The court also ruled that the concept of creamy layer should be applied to ensure that only the truly deserving among the backward classes benefit from such reservations, as per Article 16(4) of the Indian Constitution.

• Devdasna vs Union of India: This case dealt with the issue of the creamy layer and reservation in promotions for government employees. The Supreme Court held that the concept of creamy layer should also be applied to promotions and not just to initial appointments, as per Article 16(4A) of the Constitution. The court also clarified that reservation in promotions can only be made after a detailed analysis of data on the representation of different communities in various categories of posts.

• Mandal Commission: This Commission was set up in 1979 to identify socially and educationally backward classes in India and recommend measures for their upliftment. The Commission recommended 27% reservation for OBCs in government jobs and educational institutions, which was later implemented by the government through the 76th Amendment to the Constitution in 1994, under Article 16(4A).

• Indra Sawhney vs Union of India: This case is popularly known as the Mandal Commission case. The Supreme Court upheld the constitutional validity of the 27% reservation for OBCs recommended by the Mandal Commission, but also imposed certain conditions and limitations on its implementation. The court held that reservations in promotions can only be made after a detailed study of backwardness and inadequacy of representation, and that the total reservation in any given situation should not exceed 50%, as per Article 16(4) of the Constitution.

• Jan hit Abhiyan vs Union of India: in the instant case validity of the 103rd Amendment Act of the Constitution of India was challenged. The 103rd Amendment Act was passed by the Indian Parliament in 2019 and provided for the reservation of seats for economically weaker sections (EWS) of society in educational institutions and public employment.
  The case was heard by a five-judge bench of the Supreme Court of India, and the majority opinion (3:2) held that the 103rd Amendment Act was valid and held that the amendment was a valid exercise of the Parliament's power to amend the Constitution under Article 368, and that the reservation for EWS was not based on caste or religion and therefore did not violate the basic structure of the Constitution however, the minority opinion(dissenting opinion) disagreed with the majority and held that the amendment violated the basic structure of the Constitution as it exceeded the 50% cap on reservations set by the Supreme Court in the Indra Sawhney case. The minority opinion also raised concerns about the lack of data and empirical evidence supporting the need for EWS reservations.

Conclusion

Indian Constitution's Article 16 guarantees equality of opportunity in public employment and prohibits discrimination based on various factors. Reservation is allowed for backward classes, scheduled castes, tribes, and economically weaker sections. Discrimination based on residence is permitted if allowed by Parliament. Article 16(5) prohibits people from other religions from entering an office of a different religious institution.

References

Indian Kanoon - Search engine for Indian Law

Article 16 of the Indian Constitution - iPleaders

Article 16 of Indian Constitution

Article 15 of the Constitution of India - Wikipedia

Article 16: Equality of opportunity in matters of public employment - Constitution of India

Mandal Commission - Wikipedia

Janhit Abhiyan vs. Union of India, 2022: Case comment (lawbhoomi.com)