Equality of opportunity in matters of public employment:

The Constitution of India provides various fundamental rights in part III, under which article 16 includes equality of opportunity in matters of public engagement. Article 16 is provided to all citizens of the country.

Aspects included in Article 16:

• There shall be equality of chance for all citizens concerning employment or appointment to any office under the State.

• No subject shall, on grounds solely 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.

• Nothing in this article shall stop Parliament from making any law prescribing, in relevancy a class or classes of employment or appointment to an office [under the government of, or any native or different authority within, a State or Union territory, and demand as to residence within that State or Union territory] before such employment or appointment.

• Nothing during 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 that, within the opinion of the State, is not adequately depicted within the services under the State.

 [(4A) Nothing in this article shall stop the State from making any provision for reservation [in matters of promotion, with eventful seniority, to any class] or classes of posts within the services under the State in favour of the scheduled castes and the Scheduled Tribes that, within the opinion of the State, are not adequately depicted within the benefits under the State.]

 [(4B) Nothing in this article shall stop the State from considering any unfilled vacancies of a year that are reserved for being cramped up in that year following any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be crammed up in any succeeding year or years and such level of vacancies shall not be together with alongside the emptiness of the year within which they are being filled up for determining the ceiling of fifty per cent. reservation on the total number of vacancies of that year.]

• Nothing in this article shall affect the operation of any law which provides that the incumbent of an office about the affairs of any religious or denominational establishment or any member of the governing body thereof shall be someone profession a particular faith or belonging to a specific denomination.

• Nothing in this article shall stop the State from making any provision for the reservation of appointments or posts favouring any economically weaker sections of citizens aside from the classes mentioned in clause (4), additionally to the prevailing reservation and subject to a maximum of 10 per cent. Of the posts in every category.

Article 16 deals with public employment, which means work or appointment to any office under Central or State Government or sub-ordinate. Now, matters relating to career and position must include all of the issues about employment both prior and after the employments that are incidental to the employment and form parts of the terms of the conditions of such work.

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts made to ensure the accuracy and correctness of the information published, White Code Legal and Tax shall not be responsible for any errors caused due to human error or otherwise.