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Article 16

 Article – 16 : Equality of Opportunity in matters of Public Employment:

There are 5 clauses under Article-16, they are:

16(1) there shall be equality of opportunity for all the citizens in the matters relating to the employment or appointment to any office under the state.

16(2) no citizen shall, on the grounds of only Religion, Race, Caste, Sex, Descent, place of birth, residence or any of them, be ineligible for or discriminated against in respect of, any employment or office under the state.

16(3) nothing in this Article shall prevent the parliament from making any Law prescribing, in regard to a class or the classes of the employment or an appointment to an office (under the Government of or any local or any other authority within a state or a union territory, any requirement as to a residence within that state or union territory) prior to such employment or appointment.

16(4)Article-16(4) enables the state to make the provisions for the reservation of the posts in the government jobs in the favor of any backward class of the citizens which in the opinion of the state, is not adequately represented in the services of the state.

16(4A) the newly added clause (4A) empowers the state to make any provision for the reservation in the matters of promotions for SC and ST, which in the opinion of the state is not adequately represented in the services of the state.

16(4B) The Constitution (81st Amendment) Act 2000, has added a new clause (4B) after the clause (4A) in the Article-16 of the constitution, which seeks to end the 50% limit for SC and ST and other backward classes in the backlog vacancies, this could not be filled up due to the non-availability of eligible candidates of these categories in the previous years.

16(5)Clause (5) saves a law from the operation of clauses (1) and (2), which provides the incumbent of any office a religious qualification for the appointment.

Article-16:

It is noted that under Article-16, the guarantee against the discrimination is limited to the “Employment” and “Appointment” under the state.

Article-15 however is more general and deals with all the cases of discrimination which do not fall under Article-16

Article-17

Untouchability is abolished



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Location: Bengaluru, Karnataka, India

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