This document summarizes key articles and provisions related to equality of opportunity in matters of public employment and reservation in India as outlined in the Constitution: - Article 16 guarantees equality of opportunity and prohibits discrimination in public employment based on religion, race, caste, sex etc. It allows the government to reserve appointments for backward classes not adequately represented. - Key Supreme Court rulings have established that Article 16(4) reservation provisions must be read harmoniously with 16(1)'s equality clause. Reservations are only for initial appointments and not promotions, and should not exceed 50% overall. - Amendments have allowed reservation in promotions with consequential seniority, for SCs and STs; carried

1. Article 16
• The article guarantees equality of opportunity when it comes to public
employment.
• No citizens of India shall face discrimination in respect of employment.
• It act as a guideline for the government for making any provision for the
reservation of appointment in favor of any backward class of citizens who
are not adequately represented in the services under the state.

2. Article 16(1)
“There shall be equality of opportunity for all citizens in matters relating to
employment or appointment to any office under the State
Case: Panduranga Rao v Andhra Pradesh Service Commission
Article 16(2)
“ No citizen shall, on grounds only of religion, race, caste, sex, place of
birth,descent, residence or any of them, be ineligible for, or discriminated
against in respect or, any employment or office under the State”

3. Article 16(3)
“Nothing in this article shall prevent Parliament from making any law 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 as 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 from making any provision for the
reservation of appointments or posts in favor of any backward class of citizens which,
in the opinion of the State, is not adequately represented in the services under the
State”.
• Reservation may be made not only by statute but also an executive order.

4. • The Mandal Commission Case(Indra Sawhney Case, )
• Scope & Extent of Articles 16(1) and 16(4): Supreme Court held that Article 16(4) is not an
exception to Article 16(1) and it must be read along in the harmony with Article 16(1).
• Exclusion of Creamy Layer: The advanced sections among the OBCs (the creamy layer) should be
excluded from the list of beneficiaries of reservation.
• Non-applicable to Promotions: Only initial appointments should be subject to reservations;
promotions shouldn’t. Any reservations made for promotions can only be kept for a total of five
years (i.e., up to 1997).
• Reserved Quota: Except in rare circumstances, the overall reserved quota shouldn’t be higher
than 50%. Every year, this regulation should be followed.
• Carry Forward Rule: The ‘carry forward rule’ in case of unfilled (backlog) vacancies is valid. But
the criteria of 50% rule should not be violated in any case.
• Statutory Body: A permanent statutory body should be established to examine complaints of
over-inclusion and under-inclusion in the list of OBCs.
Indira Swahney vs. Union Of India AIR1993SC477

5. Article 16(4)A
77th Amendment Act, 1995
Nothing in these article shall prevent the state from making any provision for reservation
 In matters of promotion with [consequential seniority ] (85th amendment,2001)in the
service-retrospective effect
 In favor of SC and ST
 If not adequately represented in service under the state

6. Article 16(4)B
• Carry Forward Rule
• 81st Amendment, 2000
• The result was to carry forward the unutilised balance and unfilled vacancies
to the next year

7. 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 the affairs of any religious or denominational institution or any member of the governing
body thereof shall be a person professing a particular religion or belonging to a particular denomination”.
Article 16(6)
 103rd Amendment, 2019
 Empowers the State to make various provisions for reservation in appointments of members of the
Economically Weaker Sections (EWS) of society to government posts. However, these provisions must be
within the 10% ceiling, in addition to the existing reservations.