Article 16 of the Constitution

Article 16 of the Constitution:

General

Comparison between Art. 15 & 16

Clause (1) Equality of opportunity in matter of Public Employment

Public Employment,

State may lay down qualification,

Protection extend to the matter subsequent to the appointment,

Equal pay for equal work(state of haryana Vs Rajpal sharma AIR 1997SC)

Cases:

§ Panduranga Rao Vs A. P. PSC AIR 1963 SC 268.

§ Ganga Ram Moolchandani Vs state of Rajasthan AIR 2001 SC.

§ Madan Mohan Sharma Vs state of Rajasthan AIR 2008 SC 1657.

§ B.C.P. P. Mazdoor Sangh Vs NTPC AIR 2008 SC 336.

Clause (2) No discrimination on ground of sex, caste, race, religion, place of birth, decent, residence in matter of Public Employment

Decent and Residence have been added to assure that parochialism and nepotism is eliminated in the matter of public employment

Clause (3) is an exception to Art. 16(1) which prohibit discrimination on ground of residence

§ Only parliament is empowered to regulate the law in this regard

§ Public employment (Requirement as to residence)Act 1957

§ Narsimha Rao Vs state of A. P. AIR 1970 SC 422.

Clause (4) Provision for the reservation of posts in Govt. jobs for Backward classes

§ Art. 16(4) is not an exception of Art.16(1)

§ It confers no right on citizen to claim reservation

§ It is an enabling provision and not a mandate but a prerogative of state

Cases:

§ T. Davadasan Vs Union of India AIR 1964SC 179.

§ M. R. Balaji Vs state of Maysore AIR 1963 SC 649.

§ State of Kerala Vs N. M. Thomas AIR 1976SC 490

§ Akhil Bharatiya Shoshit Kamgar SanghVs Union of India AIR 1981 SC 298.

§ K. C. Vasant kumar Vs state of Karnataka AIR 1985 SC 1495.

§ Indra Sawhney Vs Union of India AIR 1993 SC

Clause (4A) Provision for the reservation in Promotion

§ Added by Constitution (77th Amendment) Act 1995 to nullify the effect of the ruling(reservation in Promotion) of SC in Mandal Commission Case

§ Constitution (85th Amendment) Act 2001aims at extending the benefit of reservation in favour of the SC/ST in matter of promotion with consequential seniority. It was made applicable retrospectively from 17 June 1995.

Cases:

§ Union of India Vs Virpal Singh (1996)2SCC 775.

§ State of Karnataka Vs K. Govindappa AIR 2009 SC 618.

Clause (4B) Constitution (81th Amendment) Act 2000: Carry Forward Rule

§ This clause enables the state to carry forward the unfilled reserved vacancies to be filled in any succeeding years so as to remove the backlog notwithstanding the rule of 50% ceiling.

Cases:

§ M. Nagaraj Vs Union of India AIR 2007SC 71.

Clause (5) Religious qualification can be prescribed for incumbent of religious institution.