Equality Of Opportunity In Public Employment
Article 16 addresses the issue of equal opportunity in public employment. Equal opportunity is a term with many different definitions, and there is no agreement on what it means exactly. The Indian Constitution has given this article a broad interpretation. The principles of Equal Employment Opportunity (EEO) apply to:
• Job opportunities
• Workplace circumstances
• Interpersonal relationships at work
• Performance appraisals and evaluations
• The opportunity for training and advancement in one's career.
Article 16 in the Constitution of India reads as:
16. Equality of opportunity in matters of public employment
(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 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
(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
In matters of employment or appointment to any office under the State, Article 16 guarantees equal opportunity to all citizens. On the basis of religion, race, caste, sex, descent, place of birth, or residence, no citizen can be discriminated against or be ineligible for any State employment or office.
This general rule of equal opportunity in government employment has three exceptions:
(a) Parliament has the power to make residency a requirement for certain jobs or appointments in a state, union territory, local government, or other authority. Except for Andhra Pradesh and Telangana, there is no such provision because the Public Employment (Requirement as to Residence) Act of 1957 expired in 1974.
(b) Any backward class that is not adequately represented in the state services can have appointments or posts reserved for them by the state.
(c) A law can specify that the holder of a religious or denominational institution's office or a member of its governing body must be a member of that religion or denomination.