Article 16 – Equality of Opportunity, Reservation Policy & Landmark Judgments | UPSC & CLAT PG
Автор: LexMentor | Adv. Aditya Sharma
Загружено: 2025-11-23
Просмотров: 34
📄 Download Notes: https://www.adityalogy.com/notes/
This lecture examines Article 16, the constitutional guarantee of equality of opportunity in public employment. Article 16 forms the backbone of India’s service law jurisprudence, balancing formal equality with constitutionally sanctioned reservations for backward classes, socially disadvantaged groups and economically weaker sections. Its doctrinal complexity and extensive case law make it indispensable for UPSC Law Optional, CLAT PG, Judiciary, UGC-NET Law and LL.B./LL.M. examinations.
🧭 What You’ll Learn
1️⃣ Article 16 – Text, Scope & Constitutional Objective
Understanding equality of opportunity in public employment.
Distinction between Articles 14, 15 and 16, and the specific focus on State recruitment and service matters.
Meaning of “public employment” and the requirement that State action in appointments remains fair, non-arbitrary and constitutionally justified.
2️⃣ Vertical Reservations under Article 16(4)
The constitutional basis for reservations for “backward classes” not adequately represented in State services.
Judicial interpretation of backwardness, adequacy of representation and administrative efficiency.
3️⃣ Special Provisions under Articles 16(4A), 16(4B) & 16(6)
Reservation in promotions with consequential seniority under Article 16(4A).
The 77th, 81st and 85th Constitutional Amendments shaping service jurisprudence.
Carrying forward unfilled reserved vacancies under Article 16(4B).
EWS reservation under Article 16(6) and its impact on equality norms.
4️⃣ Landmark Supreme Court Judgments
State of Kerala v. N.M. Thomas (functional equality approach)
Indra Sawhney v. Union of India (50% ceiling, creamy layer, bar on reservations in promotions)
M. Nagaraj v. Union of India (conditions for reservation in promotions—quantifiable data, backwardness, inadequacy of representation)
Jarnail Singh v. Lachhmi Narain Gupta (modifying backwardness requirement)
Janhit Abhiyan v. Union of India (EWS reservations upheld)
5️⃣ What Article 16 Does NOT Permit
No reservation without constitutional mandate.
No breach of the 50% ceiling without extraordinary justification.
No automatic reservation in promotions unless requirements under Article 16(4A) are fulfilled.
6️⃣ Importance of Article 16
Essential for understanding India’s reservation architecture.
Highly tested in both objective and descriptive formats across all major law exams.
Central to service law, administrative fairness and the balance between equality and social justice.
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