Delhi HCSupreme CourtNCLTNCLATCCIDRTRERADPDP 2023
Constitution of IndiaPart IIIFundamental Right

Article 16

Equality of Opportunity in Matters of Public Employment

public employmentequality of opportunityreservationMandal CommissionOBCgovernment jobs

Plain English Explanation

Article 16 guarantees equal opportunity in government employment. No discrimination in government jobs on the basis of religion, race, caste, sex, descent, place of birth, or residence. However, reservations for SCs, STs, and OBCs in government employment are permitted under Clause (4). The Supreme Court in Indra Sawhney v. Union of India (1992) upheld the Mandal Commission recommendations but capped total reservations at 50% (subject to exceptions for extraordinary circumstances).

Legal Text

The Constitution of India · Article 16

(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. (2) No citizen shall, on grounds only of 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.

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Quick Facts

Article Number
16
Part
III
Type
Fundamental Right

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