This document summarizes key aspects of Article 16 of the Indian Constitution regarding equality of opportunity in matters of employment and appointment under the state. It discusses: - Clause 1 guarantees equality of opportunity for all citizens in employment under the state. Qualification criteria can include education, fitness, and integrity. - Clause 2 prohibits discrimination in employment based on religion, race, caste, sex, descent, place of birth, or residence. Exceptions can be made for certain eligibility criteria. - Clause 4 allows for reservation of jobs and appointments for backward classes and scheduled castes/scheduled tribes to promote their social and economic well-being. Several court cases have examined and upheld these reservations.

1. ARTICLE 16 OF INDIAN CONSTITUTION
PART 3: FUNDAMENTAL RIGHTS

2. INTRODUCTION
● Equality in opportunities for employment
● Put an obligation on the state to create opportunities for the weaker or the
backward section of the society.
● Positive discrimination
● Qualified individuals will not face any kind of discrimination in the process of
employment.

3. “There shall be equality of opportunity for all citizens in matters
relating to employment or appointment to any office under the
State.”
1.The qualifications criteria may entail minimum educational
qualification, physical fitness, mental stability, moral integrity
etc.
2. Applicable to the initial employment, promotion and even to
the termination of the period of employment
CLAUSE (1)

4. CLAUSE(2)
(a)Discrimination can’t be done in employment on these 7
grounds:-
1.Religion
2.Race
3.Caste
4.Sex
5.Descent
6.Place of birth
7.Residence
(b)Although some criterias can be set for the eligibility of post.

5. CLAUSE-3
1.Power to provide reservation on basis of residence
2,Exception of clause (2)
3.Was introduced for backward and slow developing parts of a state.
4.Objectives of this clause:-
(a)Accelerated development
(b)Equality in state opportunities.

6. CLAUSE-4
1.For social and economical prosperity of disadvantaged sections of society
2.Some posts reserved for backward classes (SC/ST).
BALAJI VS. STATE OF MYSORE (1963) :-
Who are backward class?
1.Socially and educationally backward
2.Inadequate representation in services under state

7. 1.Carry forward rule case
2. 17% seats reserved for backward classes.
3.If some reserved seats are left vacant in an year then they will get added to the
number of reserved seats in next year.
4.In 1961, about 29 out of 45 seats were reserved which is 64%
5.If number of reserved seats exceeds ceiling of 50%,carry forward rule will be invalid.
DEVDASAN VS. UNION OF INDIA (1964) :-

8. 1.Also known as mandal case
2.B.P. Mandal - Investigation on SEBC (1979)
3.1980- 3743 SEBC were reported by committee and 27% reservation was suggested
for them.
4.In 1990 PM V.P. Singh implemented 27% reservation for SEBC.
5.In Indira Sawhney case,3 major decisions were made-
(a)27% reservation was allowed.
(b)Reservation was limited to only the process of appointment and not
Promotion.
(c)Reservation shouldn’t exceed 50% ceiling.
Indira sawhney vs. union of india (1993) :-

9. Amendments in Clause(4):-
(a)77th Amendment:-
1.Introduced Clause(4A)
2.Reservation no more confined to appointment.
3.Reservation in promotion allowed.
(b)81rst Amendment:-
1.Ended the 50% ceiling from reservation.

10. CLAUSE(5)
1.Also an exception of clause(2).
2.If there is an office in a religious institution,and their
criteria of employment includes being from a particular
religion then it doesn’t violates clause (1) and (2).

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