Article 16: Equality of Opportunity in Public Employment

In one line

Every citizen has an equal opportunity of employment under the State, and the five clauses that follow say who may be preferred, on what ground and by whom.

In the wording a student can write in an exam: article 16(1) guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. Article 16(2) forbids ineligibility for or discrimination in respect of such employment on grounds only of religion, race, caste, sex, DESCENT, PLACE OF BIRTH, RESIDENCE or any of them. Article 16(3) permits PARLIAMENT, and Parliament alone, to prescribe a requirement as to residence within a State or Union territory for a class of employment. Article 16(4) permits reservation for any backward class of citizens which in the opinion of the State is not adequately represented in the services. Article 16(4A), inserted in 1995 and substituted in 2001, permits reservation IN MATTERS OF PROMOTION, WITH CONSEQUENTIAL SENIORITY, for the Scheduled Castes and Scheduled Tribes. Article 16(4B), inserted in 2000, permits unfilled reserved vacancies to be carried forward as a SEPARATE CLASS which is not counted with the vacancies of the year for the fifty per cent ceiling. Article 16(5) saves a law requiring the incumbent of an office of a religious or denominational institution to profess a particular religion. Article 16(6), inserted in 2019, permits reservation for economically weaker sections.

Clause by clause

16(1), the guarantee. Equality of OPPORTUNITY, for all CITIZENS, in matters relating to EMPLOYMENT OR APPOINTMENT TO ANY OFFICE UNDER THE STATE. Three limits are built in: it is opportunity and not outcome; it belongs to citizens; and it covers employment under the State, so it does not reach private employment.

16(2), the prohibited grounds. Religion, race, caste, sex, descent, place of birth, residence, or any of them. Two of these are not in article 15: DESCENT and RESIDENCE. The word "only" appears here as it does in article 15(1), and carries the same difficulties.

16(3), the residence exception. Nothing in the article prevents PARLIAMENT from making a law prescribing, for 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. Note the two limits: the power is Parliament's alone, not a State's; and the requirement is of residence PRIOR to employment.

16(4), reservation. Nothing in the article prevents the State from making any provision for the reservation of appointments or posts in favour of ANY BACKWARD CLASS OF CITIZENS WHICH, IN THE OPINION OF THE STATE, IS NOT ADEQUATELY REPRESENTED in the services under the State. Note the two conditions: a backward class, and inadequate representation. And note that unlike article 15(4) it does not require the backwardness to be SOCIAL AND EDUCATIONAL, and does not separately name the Scheduled Castes and Scheduled Tribes.