Article 16

Background and evolution

Public employment in colonial India was dominated by a few castes and communities. The framers wanted government jobs to be open to all citizens on merit, but also recognised that historically excluded groups needed special measures. Article 16 therefore combines a general guarantee of equal opportunity with specific enabling provisions for reservation.

The scope of Article 16 has been shaped by landmark judgments and amendments. In Indra Sawhney (1992), a nine-judge bench upheld 27% reservation for Other Backward Classes in central jobs following the Mandal Commission, but excluded the "creamy layer", set a general 50% ceiling on reservations and held that reservation in promotions was not permitted under Article 16(4). Parliament responded with the 77th Amendment (1995), adding Article 16(4A) for SC and ST promotions, and later amendments on consequential seniority and backlog vacancies.

Key features and provisions

• 16(1): equality of opportunity for all citizens in matters of employment or appointment to any office under the State.
• 16(2): no discrimination on grounds of religion, race, caste, sex, descent, place of birth or residence.
• 16(3): Parliament may prescribe residence requirements for certain jobs in a state or Union territory.
• 16(4): reservation for backward classes not adequately represented in services.
• 16(4A): reservation in promotion, with consequential seniority, for SCs and STs not adequately represented (77th and 85th Amendments).
• 16(4B): unfilled reserved vacancies may be carried forward as a separate class, beyond the 50% ceiling for that year (81st Amendment, 2000).
• 16(5): offices of religious or denominational institutions may be reserved for members of that religion.
• 16(6): reservation of up to 10% for economically weaker sections other than classes covered by 16(4) (103rd Amendment, 2019).