Skip to main content

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



Labels:
Location: Bengaluru, Karnataka, India

Comments

Post a Comment

Popular posts from this blog

Types of Punishments

Punishments: The punishments, to which the offenders are liable under the provisions of Indian Penal Code 1860, are: 1) Death Penalty or Capital Punishment 2) Life Imprisonment 3) Imprisonment a) Rigorous b) Simple 4) Forfeiture 5) Fine 1. Death Penalty or Capital Punishment: It is the most serious nature of punishment. Some Countries abolished it. It is awarded in India in certain exceptional cases. The offences which are punishable with death sentence under the Indian Penal code includes: a) Waging war against the Government of India (Sec-121) b) Abetting Mutiny that is actually committed (Sec-132) c) Giving or Fabricating false Evidence upon which an innocent person suffers death (Sec-194) d) Murder (Sec- 302) e) Abetment of Suicide of a minor or of a insane or of an intoxicated person (Sec-305) f) Attempt to Murder by a person under the sentence of Imprisonment for life, if hurt is caused (Sec-307) g) Punishment for repeat offenders (previously convicted for an offence punishable u...
Post a Comment
Read more

Right of Private defence

The Right of Private defense: (Section 96 to 106): One of the fundamental principles of law is that every individual has a right to defend himself and his property. This is the doctrine of self-defense or self-preservation. Sec. 96 to 106 has recognized this rule and have provided for the limits within which it may be exercised. This may be discussed under two heads: a) Right of person b) Right of property 1. Right of person: A) Every person has a right to defend his own body and the body of any other person against any person. (Sec-97) B) Against a madman etc: The right extends in all circumstances against anyperson who is insane, drunk or who by a reason of youth immaturity is excused under law (Sec- 98) Eg: Z under madness attempts to kill A.A may defend and even kill Z if circumstances so warrant. C) Extension of the right: Sec-100 provides as follows :A person who is under a reasonable apprehension that his life is in danger,may to defend himself, voluntarily cause the death of th...
Post a Comment
Read more

UNLAWFUL ASSEMBLY, RIOT, AFFRAY

Unlawful Assembly (Section 141): Unlawful assembly is an assembly of 5 or more persons with the common object: 1)  to over-throw by criminal force the Government or the legislature or 2)  To resist the execution of any legal process 3)  To commit mischief (Sec-425), criminal trespass (441) 4)  To obtain property or right by criminal force or 5)  To criminally force a person to do an act which he is not bound to do, or to force him not to do an act which he is bound to do. If a person is a member of an unlawful assembly then that person is punishable. An assembly which is not unlawful in the beginning may become unlawful subsequently. The purpose or common object decides the nature of the assembly. Essentials: 1)  The essentials are that there should be five or more persons and there should be the common object as specified in Sec-141. 2)  This is different from common intention in Sec-34. For unlawful assembly prior meeting of minds is not essential. 3...
Post a Comment
Read more