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Article 16 of the Indian Constitution provides right to equality in matters of Public employment, ensuring that all the citizens of India have equal opportunities for employment/appointment to any public office, without being discriminated against on the grounds of religion, sex, caste, place of birth, descent or residence. The Article has exceptions which allow reservations on ground of residence, to backward classes, for Scheduled Castes and Scheduled Tribes and for Economically Weaker Sections of society. These exceptions are carved out in interest of justice to represent marginalised communities. However, the reservations are not a matter of right, just a legal provision which the Centre/ State is entitled to bring in. Also, the Article allows religious institutions to be managed by people of that religion itself. Over the years, the Supreme Court has passed various judgments limiting Article 16 and also amendments have been introduced by Parliament to expand Article 16.
Mandal Commission Case/Indra Sawhney Vs. Union of India (1993)
The Hon’ble Supreme Court, it upheld the constitutional validity of the 27% reservation to the OBCs and examined the extent and scope of Article 16(4) and made the following observations:
It is a four-faced lion-headed capital pillar which was found at Sarnath and dates back to 250BC. It was placed atop a pillar by Ashoka. It is now a prominent part of the National Emblem of India showing the Horse on the left and the Bull on the right of the Ashoka Chakra in the circular base on which the four Indian lions are standing back to back. On the other sides, a lion and a galloping horse are also found. The base of the capital is a bell-shaped inverted lotus. It is highly polished and was made out of a single sandstone. It is very well preserved despite centuries of decay and displacement which is a testament to the craftsmanship and scientific knowledge of Ashokan times.
Reservation: It is considered as positive discrimination which promotes equality among the marginalised sections who have been facing injustice and discrimination for a very long time. In India, historically reservation was given on the basis of caste however now reservation is also being provided based on economic capacity. Seats are reserved while selection for members of marginalised groups, and this is called reservation.
Article 16 of the Indian Constitution provides the right to equality of opportunity in matters of public employment. This right is applicable only to citizens of India. It gives equal opportunities for appointment or employment in the government (Central and State) without any form of discrimination based on religion, caste, race, sex, place of birth, descent or residence.
Exceptions to the rule of equality of opportunity in public employment:
It is assumed that people who do not experience hardship and discrimination are better off at a competitive exam than those from backward communities. This is the rationale why reservations are given. Hence an equal chance is given to all citizens in employment matters covering recruitment, appointment, salary, promotions and termination.
refers to those people from the communities of Other Backward Classes who are comparatively financially and socially better off. These members are excluded from availing the benefit of reservation. Presently people with an Income of more than 8 Lakh are considered to be in the Creamy Layer.
Hon’ble Supreme Court upheld the constitutional validity of the 27% reservation to the OBCs and examined the extent and scope of Article 16(4) and made the following observations:
Constitution 77th Amendment Act, 1995 passed by the Parliament to change the Indira Sawhney judgement, it added article 16(4A), which enables the State to make any reservation in matter of promotion for SCs and STs. Article 16(4A) and 16(4B) were upheld in M Nagraj v. Union of India where the court propounded the doctrine of ‘Proof of Compelling Reason’ and said that reservations for promotion must only be given if there is backwardness and inadequacy of representation. Court also observed that reservations should be used sparingly and must exclude the creamy layer as otherwise it can lead to reverse discrimination.
The Supreme Court in Vikas Kishanrao Gawali v. State Of Maharashtra (2021) propounded a ‘triple test’ for states in qualifying for OBC quota in local body elections. It said that these reservations should adhere to the following:-
The right to equality under the Indian Constitution is a fundamental right, which aims to achieve socio-economic justice by enabling the State to take measures for the upliftment of the backward and weaker Sections of society. This provides the weaker sections of the society to come forward and prosper with the rest of the society promoting integration and unification of Indian Society. Over the course of years reservation has mostly been a topic of political debate and commotion. However, it is important to remember that reservation was added by the framers of the Constitution as a measure to ensure equity and fairness. The Parliament and Courts of the Country have kept this in mind and expanded the concept of reservation to include reservation in various stages of public employment and prohibited the benefit of reservation to the “creamy layer” of the OBCs.
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