Article 16: Equality of Opportunity

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Questions and Answers

Which fundamental right is Article 16 of the Indian Constitution a part of?

  • Right to Equality (correct)
  • Right Against Exploitation
  • Right to Constitutional Remedies
  • Right to Freedom

Article 16 allows discrimination in government jobs based on place of birth.

False (B)

According to Article 16, what is the primary focus in matters relating to employment under the State?

equality of opportunity

Article 16 permits laws requiring preferences based on _________ for certain state government jobs.

<p>residence</p> Signup and view all the answers

Match the following clauses of Article 16 with their descriptions:

<p>Clause (4) = Allows reservations for backward classes in government jobs. Clause (4A) = Allows reservations in promotions for SCs and STs. Clause (4B) = Allows carry-forward of unfilled reserved vacancies. Clause (5) = Allows religious institutions to reserve jobs for individuals of their own religion.</p> Signup and view all the answers

Which amendment added Clause (4A) to Article 16, allowing reservations in promotions for SCs and STs?

<p>77th Amendment (A)</p> Signup and view all the answers

Article 16(4B) requires that unfilled reserved vacancies be counted towards the 50% reservation limit in the year they are filled.

<p>False (B)</p> Signup and view all the answers

Which article was amended to introduce reservations for Economically Weaker Sections (EWS)?

<p>Article 16</p> Signup and view all the answers

According to the Indra Sawhney Case (1992), the total reservations cannot exceed _______ percent.

<p>50</p> Signup and view all the answers

Match the following court cases with their outcomes related to Article 16:

<p>Indra Sawhney Case (1992) = Upheld OBC reservations but capped total reservations at 50%. M. Nagaraj Case (2006) = Ruled that data on backwardness and inadequate representation is needed for reservations in promotions. Jarnail Singh Case (2018) = Removed the requirement to prove 'backwardness' for SC/ST reservations in promotions.</p> Signup and view all the answers

Which of the following is NOT a ground on which Article 16 prohibits discrimination in public employment?

<p>Economic status (B)</p> Signup and view all the answers

Article 16 only applies to employment directly under the central government.

<p>False (B)</p> Signup and view all the answers

The 81st Amendment, 2000, added which clause to Article 16, providing clarity on reservation policies?

<p>Clause (4B)</p> Signup and view all the answers

The _______ Amendment introduced a 10% reservation for Economically Weaker Sections (EWS).

<p>103rd</p> Signup and view all the answers

Match the following terms with their meanings in the context of Article 16:

<p>Meritocracy = A system where selection is based on demonstrated skill or achievement. Affirmative Action = Policies designed to redress past and present discrimination. Backward Class = Socially and educationally disadvantaged communities.</p> Signup and view all the answers

What was the main outcome of the Jarnail Singh Case (2018) regarding reservations in promotions for SC/STs?

<p>It removed the requirement to prove backwardness for SC/ST reservations. (A)</p> Signup and view all the answers

According to Article 16, residence requirements for state government jobs are unconstitutional.

<p>False (B)</p> Signup and view all the answers

Clause (5) of Article 16 allows certain institutions to reserve jobs for people of their own faith. What kind of institutions are these?

<p>religious or denominational institutions</p> Signup and view all the answers

Article 16 reflects India's commitment to both __________ and affirmative action.

<p>meritocracy</p> Signup and view all the answers

Match the following Supreme Court cases with their primary focus regarding Article 16:

<p>Indra Sawhney Case = Overall limits on reservations. M. Nagaraj Case = Conditions for reservations in promotions. Jarnail Singh Case = Criteria for SC/ST reservations in promotions.</p> Signup and view all the answers

Article 16(1) primarily ensures equality of opportunity in which of the following areas?

<p>Public employment (B)</p> Signup and view all the answers

Article 16 guarantees equal pay for equal work in government jobs.

<p>False (B)</p> Signup and view all the answers

If a state government believes that a particular backward class is not adequately represented in its services, what does Article 16 allow the state to do?

<p>make provisions for reservation</p> Signup and view all the answers

The principle established in Article 16(4B) allows for __________ of unfilled reserved vacancies to succeeding years.

<p>carry-forward</p> Signup and view all the answers

Match the following amendments to Article 16 with their respective provisions:

<p>77th Amendment = Reservations in promotions for SCs and STs 81st Amendment = Carry-forward of unfilled reserved vacancies 103rd Amendment = 10% reservation for Economically Weaker Sections (EWS)</p> Signup and view all the answers

Which Supreme Court case addressed the need for quantifiable data to justify reservations in promotions?

<p>M. Nagaraj Case (D)</p> Signup and view all the answers

The 50% reservation limit set by the Supreme Court in the Indra Sawhney case can never be breached under any circumstances.

<p>False (B)</p> Signup and view all the answers

Which article introduced 10% reservation for Economically Weaker Sections (EWS)?

<p>Article 16(6)</p> Signup and view all the answers

Article 16 aims to balance __________ with affirmative action in public employment.

<p>meritocracy</p> Signup and view all the answers

Match the following clauses of Article 16 with the groups they aim to protect or benefit:

<p>Clause (4) = Backward Classes (OBCs) Clause (4A) = Scheduled Castes (SCs) and Scheduled Tribes (STs) Article 16(6) = Economically Weaker Sections (EWS)</p> Signup and view all the answers

Flashcards

Article 16, Clause 1

Guarantees equal opportunities for all citizens in government job appointments.

Article 16, Clause 2

Prohibits discrimination in government jobs based on religion, race, caste, sex, descent, place of birth.

Article 16, Clause 3

Allows Parliament to set resident requirements for certain state/local government jobs.

Article 16, Clause 4

Allows the State to reserve jobs for backward classes if they are underrepresented.

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Article 16, Clause 4A

Allows the State to reserve promotions for SCs and STs if they are underrepresented.

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Article 16, Clause 4B

Unfilled reserved vacancies can be carried forward without breaching the 50% reservation limit.

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Article 16, Clause 5

Allows religious institutions to reserve jobs for individuals of their religion.

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Article 16 Overview

A part of the Right to Equality, ensuring fairness in public sector jobs.

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Key Features of Article 16

Ensures equal opportunity, prohibits discrimination, and permits reservations.

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Indra Sawhney Case (1992)

Upheld OBC reservations but set a 50% limit on total reservations.

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M. Nagaraj Case (2006)

Ruled that reservations in promotions require data on backwardness and inadequate representation.

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Jarnail Singh Case (2018)

Removed the need to prove 'backwardness' for SC/ST reservations in promotions.

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EWS Reservation (2019)

Introduced 10% reservation for Economically Weaker Sections (EWS).

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Study Notes

  • Article 16, an integral part of the Right to Equality (Articles 14-18), guarantees equal opportunity in public employment, prohibiting discrimination in government jobs based on religion, race, caste, sex, descent, place of birth, or residence, with reasonable exceptions.

Clauses of Article 16

  • Clause (1) ensures equal opportunity for all citizens in employment or appointment to any office under the State.
  • Clause (2) prohibits discrimination in government employment based on religion, race, caste, sex, descent, or place of birth.
  • Clause (3) empowers Parliament to make laws requiring residence within a State or Union Territory for certain government jobs.
  • Clause (4) enables the State to reserve appointments or posts for inadequately represented backward classes of citizens.
  • Clause (4A) allows the State to reserve promotions for Scheduled Castes and Scheduled Tribes, added by the 77th Amendment in 1995.
  • Clause (4B) allows the State to treat unfilled reserved vacancies as a separate class, not subject to the 50% reservation limit, added by the 81st Amendment in 2000.
  • Clause (5) protects laws allowing religious institutions to reserve jobs for individuals professing their religion.

Key Features of Article 16

  • Equality of opportunity is ensured in public employment.
  • Discrimination is prohibited based on religion, race, caste, sex, descent, place of birth, or residence.
  • Reservations are permitted for backward classes (SC, ST, OBCs) and in promotions for SCs/STs.
  • State-specific residence requirements are allowed for certain jobs.
  • Religious institutions retain the right to appoint staff of their faith.

Important Supreme Court Cases on Article 16

  • Indra Sawhney Case (1992): Reservations for OBCs were upheld but capped at 50%, except in exceptional cases.

  • M. Nagaraj Case (2006): Justification with data on backwardness and inadequate representation is required for reservations in promotions under Article 16(4A).

  • Jarnail Singh Case (2018): The requirement to prove "backwardness" for SC/ST reservations in promotions was removed.

  • EWS Reservation (2019): The 103rd Amendment introduced a 10% reservation for Economically Weaker Sections (EWS) under a new Article 16(6).

  • Article 16 balances equality in government jobs and social justice through reservations.

  • The article reflects India's commitment to meritocracy and affirmative action.

  • Fair representation of historically disadvantaged groups in public employment is ensured.

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