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 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.]
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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. Ins. by the Constitution (Seventy-seventh Amendment) Act, 1995, s. 2 (w.e.f. 17-6-1995).
3. Subs. by the Constitution (Eighty-fifth Amendment) Act, 2001, s. 2, for certain words
(retrospectively) (w.e.f. 17-6-1995).
4. Ins. by the Constitution (Eighty-first Amendment) Act, 2000, s. 2 (w.e.f. 9-6-2000).
9 THE CONSTITUTION OF INDIA
(Part III.—Fundamental Rights)
(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.
1
[
(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.]