Question

According to Article _____, there shall be equality of opportunities for all citizens in matters relating to employment or appointment to any office under the State.

• A. 18
• B. 19
• C. 17
• D. 16

Answer 1

Answer:

D. 16

Article 16 of the Indian Constitution

Equality of Opportunity in Public Employment

• Article 16 guarantees equality of opportunity for all citizens in matters of employment or appointment to any office under the State.

• This fundamental right ensures that no citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, or residence, be ineligible for or discriminated against in respect of any employment or office under the State.

• The 'State' includes the Government of India and Parliament, the Government of States and Legislatures of States, local authorities, or other authorities within the territory of India or under the control of the Government of India.

Exceptions and Provisions:

• Parliament may make a law prescribing in regard to a class or classes of employment or appointment to an office under any State, local or other authority, any requirement as to residence within that State or Union territory prior to such employment or appointment.

• The State can make special provisions 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.

• This includes provisions for reservation for Scheduled Castes (SCs) and Scheduled Tribes (STs).

• Reservation in promotions was abolished by the 77th Amendment Act, 1995, but the 81st Amendment Act, 2000, introduced the concept of 'carry forward' of unfilled vacancies.

• Article 16(4A) allows for reservation in matters of promotion for SCs and STs if the State believes they are not adequately represented.

• Article 16(4B) allows the government to consider unfilled reserved vacancies as a separate class and carry them forward, not violating the 50% ceiling on reservations.

• The Supreme Court has held that the total reservations cannot exceed 50% of the total seats, except in exceptional circumstances. The Indra Sawhney case (1992) is a landmark judgment regarding reservations.

• This article is crucial for promoting social justice and ensuring inclusivity in public services