Article 16 of CoI : Article 16: Equality Of Opportunity In Matters Of Public Employment

Explanation using Example

Imagine a government job advertisement in India specifying that only candidates born in the state of Uttar Pradesh can apply. A citizen from Kerala, who is equally qualified, challenges this requirement as discriminatory based on place of birth. Article 16(1) and 16(2) of the Indian Constitution would protect this Kerala citizen's right to equality of opportunity in employment. However, under Article 16(3), if Parliament had enacted a law stating that certain government positions require the applicant to be a resident of Uttar Pradesh for administrative reasons, then the job advertisement would be justified.

In another scenario, suppose the state government notices that a particular backward community is underrepresented in government jobs. To address this, the government decides to reserve a certain percentage of jobs for this community, as per Article 16(4). This reservation helps ensure equal representation and opportunity for the community in state employment.

Additionally, if the state observes that scheduled castes and tribes are not adequately represented in promotional opportunities within state services, it may introduce a reservation policy for promotions, in line with Article 16(4A), to enhance their representation at higher levels of employment.