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PART III FUNDAMENTAL RIGHTS · Right to Equality

Article 16: Equality of opportunity in matters of public employment

The Constitution of India

(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.

(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office 1[under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory] prior to such employment or appointment.

(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

2[(4A) Nothing in this article shall prevent the State from making any provision for reservation 3[in matters of promotion, with consequential seniority, to any class] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.]

4[(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year.]

(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.

5[(6) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten per cent. of the posts in each category.]

Footnotes in the official text

  1. 1.Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for "under any State specified in the First Schedule or any local or other authority within its territory, any requirement as to residence within that State" (w.e.f. 1-11-1956).
  2. 2.Ins. by the Constitution (Seventy-seventh Amendment) Act, 1995, s. 2 (w.e.f. 17-6-1995).
  3. 3.Subs. by the Constitution (Eighty-fifth Amendment) Act, 2001, s. 2, for certain words (retrospectively) (w.e.f. 17-6-1995).
  4. 4.Ins. by the Constitution (Eighty-first Amendment) Act, 2000, s. 2 (w.e.f. 9-6-2000).
  5. 5.Ins. by the Constitution (One Hundred and Third Amendment) Act, 2019, s. 3 (w.e.f. 14-1- 2019).

Leading cases

Questions on this article

28 questions in 46 of our papers cite Article 16. Try these from the free papers:

  1. 1. Match List I with List II: List I A. Article 16(4) B. Article 16(4A) C. Article 16(4B) D. Article 16(5) List II 1. Unfilled reserved vacancies of a year carried forward as a separate class, not counted towards the fifty per cent. ceiling of the later year 2. Reservation in matters of promotion, with consequential seniority, for the Scheduled Castes and the Scheduled Tribes 3. Laws requiring the holder of an office connected with a religious or denominational institution to profess a particular religion 4. Reservation of appointments or posts for any backward class not adequately represented in the services under the State

  2. 2. Consider the following statements regarding Article 35: 1. A State Legislature may make a law under Article 16(3) prescribing a requirement of residence within that State for employment under the State. 2. Only Parliament, and not a State Legislature, can make laws prescribing punishment for acts declared to be offences under Part III. 3. Laws on the matters in Articles 33 and 34 can be made only by Parliament. Which of the statements given above is/are correct?

  3. 3. Which of the following was held by the Supreme Court in Indra Sawhney v. Union of India (1992)?

Practise questions on Constitutional Law