Article 16 of indian constitution

Pradeep Jain v Union of India • Residence requirement of medical college inconsistent with unity and integrity of India • Though given circumstance reservation on basis of residence could be justified but it should not exceed 50% of the total seats • No reservation permissible on basis of residence for post graduate courses such as M.S. and M.D. • Also allowed up to 50% reservation in higher courses for student of same institute seeking admission in post graduate course in the institute itself Government of A.P. v. P.B. Vijaykumar • Andhra Pradesh government allowed for reservation of women in following ways:- o Preference for women in jobs better suited for them o Preference upto 30% for women in jobs for which they are equally suited with man; o Direct recruitment to posts reserved exclusively for women was upheld. • Court held that Article 15(3) is broad enough to cover any special provisions for women including reservation in jobs. Issues of Reservation State of Madras v. Champakam Doraijan • Madras government passed an order which had fixed the proportion of students of each community that could be admitted in the state medical and engineering colleges. • The government contended that it had a duty under Article 46 to protect people from social injustice. • The court held that the directive principles of state policy have to conform to and run as subsidiary to the chapter of fundamental rights. M. R. Balaji v. State Of Mysore (1962) • Considered the validity of reserv...

Abstract Aristotle opines: “Injustice arises when equals are treated unequally and also when unequals are treated equally”. The essence of equality percolates the Constitution of India, as the main aim was to create a democratic society wherein justice in all forms such as social, economic and political justice prevailed, along with the equality in status and opportunities. Affirmative action aims to promote societal equality through preferential treatment of socio - economically disadvantaged people. Right to Equality is one of the basic Fundamental Rights that the Constitution of India guarantees to all the citizens of the country. The Constitution accords Article 16, which deals with the Equality of Opportunity in the matters of public employment, which commands wide allegiance among the members of contemporary services. This paper examines pertinence of affirmative action, including arguments for and against; presents John Rawls’ theory of justice, and proposes a framework using Rawls’ theory for future affirmative action. This paper addresses and examines the issues in relation to equality of opportunities in public employment and also the International perspective on affirmative action. While assessing the opportunities in public employment under Indian Constitution, the following issues arise and dealt with: Are Articles 14 and 16 supplementary to each other?; Is reservation in public employment an exclusive discretion of the State or an enforceable constitutional r...

This article has been written by Shubhangi Agarwalfrom Symbiosis Law School, Pune Abstract Government of India introduced the additional 10 per cent reservations for economically backward classes in 103 rd Constitutional Amendment Act, 2019. The problem with this amendment is of 50% maximum limit for reservation as it may in turn violate the basic structure doctrine. Henceforth, the problem and challenges that have arisen due to the given amendment is being addressed in this paper. Through this research paper the researcher aims to understand the validity and requirement of reservation in India especially additional 10% reservation in India. The methodology adopted by the researcher is doctrinal methodology and using this methodology it has been found out that the amendment affects the equality principle, breaches 50% maximum limit for reservation and violates basic structure doctrine. KEYWORDS: Amendment, Basic Structure Doctrine, Constitution, Equality Principle, Reservation Statement of the problem The pertinent question that is to be considered is that has the policy of reservation that has been continuing for over six decades now, and has been expanding, served the purpose of upliftment of the socially and educationally backward sections of the society or has it given rise to other forms of social evils, including animosity between the classes and further oppression of the reserved classes as a means of backlash against them. The present paper focuses on the constitut...

2.1) Case: Article 15: Article 15 is one of the fundamental rights given under Part III of the Constitution of India. Article 15(1) prohibits the state to discriminate against any citizen on the basis of religion, sex, caste, race, or place of birth. Article 15(2) further goes on to the elaboration to the first clause and states that no citizen shall be subject to any disability, liability, restriction, or condition with the use of different materials and places like public transports, roads, shops, restaurants, and so on. Article 15(3) states that this article doesn’t restrict the state to make any special provision for women, children, or for any backward classes. Article 15(4) states that nothing in this article and Article 29(2) shall prevent the state for making provision for the advancement of Scheduled Castes and Scheduled Tribes. Article 15(5) prohibits this article or Article 19(1)(g) from the state to make special provisions for women, backward classes in various places like the educational institutions, and so. Case: • In the case of D.P. Joshi v. State of M.P. • In the case of M.R. Balaji v. State of Mysore • In the case of Jayasree v. State of Kerala Read Also : Article 16: Article 16 is one of the fundamental rights given under Part III of the Constitution of India. Article 15 and 16, both talks about right to equality. Article 16(1) states that ‘there shall be equality of opportunities for all the citizens in matter relating to employment to any office under...

• Naga Snigdha Nemani Article 15 prohibits the discrimination on the basis of religion, sex, caste, race and palce of birth. Indian Constitution also prohibits any kind of disability, restriciton or condition with regard to accessing shops, hotels, public parks and restaurants. Also no individual can be prohibited from using wells, tanks, bathing gaths and any other public resorts. Article 16 discusses about the equal opportunites to be provided to individuals in the matters of public employment. All the citizens shall be provided with equal amount of opportunity in terms of employment opportunity. Article 15: Prohibition of discrimination: Article 15(1): Article 15(1) prohibits the state from discriminating any citizen on the basis of these following 5 categories: • Religion – No person can be discriminated on the basis of religion in order to access any public place etc… • Race – Any person’s origin shouldn’t be a basis of discrimination. • Caste – Mainly discrimination on the basis of caste is prohibited. This prevents the crimes committed against lower caste. • Sex – Gender of any particular individual can’t be a basis in order to discriminate. • Place of Birth – Any person place of birth can’t be taken into consideration and discriminate them. • Any of the above. In the case “DP Joshi v/s Sate of Madhya Bharat” 1, there was a medical college which was established in Indore and it was under the control of Madhya Pradesh Government. The govt, had made a rule which state...

Image source - https://bit.ly/2G4iESV T his article is written by Shristi Suman , a second-year student of (BBA.LL.B) Symbiosis Law School, Hyderabad. In this article, the scope, provisions, and different aspects of the Right to Equality under Article 16, 17 and 18 of the Constitution have been discussed. Table of Contents • • • • • • • • • • • • • • • • • • Introduction The Indian Constitution contains provisions for Right to Equality in Articles 14 to 18. The Preamble of the Indian Constitution also provides for the right to equal status and opportunity to the citizens of India. Right to Equality forms part of the basic structure of the Indian Constitution which can’t be amended. It is one of the six fundamental rights which is provided to the citizens of India by the Constitution. The Right ensures equality before the law and equal protection of the law irrespective of race, religion, caste, place of birth or gender of the citizens. Article 14 forms the foundation of Articles 16 , 17 , 18 of the Indian Constitution. Right to equality of Opportunity in Public Employment: Article 16 Article 16 of the Indian Constitution guarantees equal opportunity to all citizens in matters related to employment in the public sector. Article 16(1) states that there shall be equal opportunity for the citizens in the matter of employment or appointment to any office under the State. The provision of equality is only applicable to the employment or offices which are held by the State. The...

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