Article 16 of the Indian Constitution deals with equality of opportunity in matters of public employment. It lays down both the general principle of equal opportunity and the exceptions, including provisions for reservation for certain groups.
Article 16: Equality of Opportunity in Matters of Public Employment
1. General Principle:
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."
Article 16(2): Prohibits discrimination in public employment on grounds of religion, race, caste, sex, descent, place of birth, or residence.
2. Exceptions/Provisions for Reservation:
Article 16(3): Allows the Parliament to make laws prescribing residence as a condition for certain kinds of employment or appointment in a particular state or union territory or local authority.
Article 16(4): Enables the State to make provisions for reservation in appointments or posts in favor of any backward class of citizens which, in the State's opinion, is not adequately represented in the services of the State.
Article 16(4A): Allows the State to make provisions for reservation in matters of promotion for Scheduled Castes and Scheduled Tribes, if they are not adequately represented in the services.
Article 16(4B): Provides that the unfilled reserved vacancies of a year, which are reserved for backward classes in promotion, will be considered separately as a distinct group and will not be considered together with the regular vacancies of the subsequent year.
Article 16(5): Allows the State to specify a religious or linguistic qualification for certain posts, ensuring the preservation of a minority institution's character.
Article 16(6): This was introduced by the 103rd Constitutional Amendment Act, 2019. It provides for reservation to economically weaker sections of citizens in matters of education and even in matters of public employment.
3. Judicial Interpretations:
In the Indra Sawhney & Others v. Union of India (1992) case, commonly known as the Mandal Commission case, the Supreme Court upheld the reservation for Other Backward Classes (OBCs) based on the recommendations of the Mandal Commission but stated that the total reservation should not exceed 50%.
The concept of the "creamy layer" was also introduced in this judgment, which meant that the economically advanced members of the OBCs should be excluded from the benefits of reservation.
The introduction of Article 16(4A) and 16(4B) came post the judgment in the M. Nagaraj & Others v. Union of India (2006) case, where the Supreme Court held that the State has to collect quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment, in addition to compliance with Article 335, before making provisions for reservation in promotions.
Through Article 16, the framers of the Constitution sought to balance the principles of equality and social justice. While the provision fundamentally ensures equal opportunity for all, it also acknowledges historical and structural inequalities by providing for affirmative action to create a level playing field.
