Article 16th of the Indian Constitution ; Right to opportunity

Article 16 of the Indian Constitution: equal opportunity in public employment.

Article 16 of the Indian Constitution pertains to the principle of equal opportunity in public employment. This crucial provision is classified as a fundamental right within Part III of the Constitution, ensuring specific civil liberties for every Indian citizen

Article 16 states:

(1) The statement you provided appears to be a principle of equality about employment or appointment to any position within a state. It emphasizes that every citizen should have equal opportunities when it comes to employment or being appointed to any position within the state.

This principle promotes the idea that individuals should be considered for employment or appointments based on their qualifications, skills, and abilities, rather than factors such as gender, race, religion, or other discriminatory criteria. It aims to ensure that all citizens have a fair chance to compete for job opportunities and positions within the state's institutions.

By providing equal opportunities, this principle seeks to create a level playing field where all citizens can contribute their talents and abilities to the development and functioning of the state. It promotes inclusivity, diversity, and meritocracy in the workplace, allowing individuals to pursue their career aspirations based on their capabilities rather than facing discrimination or barriers.

It's important to note that the specific interpretation and implementation of this principle may vary across different legal systems and countries. The principle you mentioned appears to reflect a commitment to equal opportunities within the state's employment and appointment practices, but the specific laws and regulations in place would provide more detailed guidance on how this principle is applied in practice.

(2) No citizen shall be deemed ineligible for or subject to discrimination in any employment or position within the State solely on the grounds of religion, race, caste, sex, descent, place of birth, residence, or any other similar factors.

(3) The provisions of this article shall not restrict the authority of Parliament to enact laws that prescribe residency requirements within a State or Union territory for certain classes of employment or appointment to positions under the Government, local authorities, or other entities.

Article 16 ensures that all citizens have equal opportunities when it comes to employment or appointment to any office under the State. It prohibits discrimination on the grounds of religion, race, caste, sex, descent, place of birth, residence, or any other factor. However, it allows Parliament to make laws that require residency within a particular state or Union territory as a prerequisite for employment or appointment in certain classes or classes of employment or office under the government.

The objective of Article 16 is to promote equality and prevent discrimination in matters of public employment, ensuring that individuals are given fair opportunities based on merit rather than factors that are irrelevant to their qualifications or abilities.

Article 10th, Draft Constitution of India 1948:

(1) All citizens shall have equal opportunities for employment within the State.

(2) No citizen shall be disqualified from holding any office under the State solely based on religion, race, caste, sex, descent, place of birth, or any other such factors.

(3) This article does not prevent the State from implementing provisions for the reservation of appointments or posts in favor of any backward class of citizens who, according to the State's assessment, are not adequately represented in the State services.

(4) This article does not affect the operation of any law that requires the incumbent of an office related to the affairs of any religious or denominational institution or any member of its governing body to profess a specific religion or belong to a particular denomination.

Article 16, Constitution of India 1950 : 

(1) All citizens shall have equal opportunities in matters of employment or appointment to any position within the government.

(2) No citizen shall be rendered ineligible or discriminated against, solely based on religion, race, caste, sex, descent, place of birth, residence, or any other grounds, about any employment or government position.

(3) This article does not prohibit Parliament from enacting laws that prescribe residence requirements within a specific state for certain classes of employment or appointments under any state listed in the First Schedule, or for any local or other authority within its jurisdiction.

(4) This article does not prevent the State from implementing measures to reserve appointments or posts in favor of any backward class of citizens, which, in the State's opinion, is underrepresented in government services.

(5) This article does not invalidate any law that requires individuals holding positions associated with the operations of a religious or denominational institution, or any member of its governing body, to openly declare adherence to a specific religion or affiliation with a particular denomination.

On November 30, 1948, a significant debate took place on Draft Article 10 (Article 16), which aimed to ensure equal opportunities in government employment. It emphasized that no citizen should face discrimination based on religion, race, caste, sex, descent, place of birth, or residence when seeking government employment. Additionally, it allowed the State to reserve positions in public employment for citizens belonging to backward classes.

During the debate, opinions were divided regarding the inclusion of a residence criterion for state government employment. Some members supported such restrictions, arguing that certain positions within the state government required individuals who were native to that particular state to effectively carry out their duties. In response, others emphasized the concept of common citizenship enshrined in the Constitution, warning that the inclusion of residence criteria would undermine this principle.

The Assembly debate on reservations in public employment presented three main viewpoints. The first viewpoint asserted that there should be equal opportunity for all citizens. Every qualified individual should be free to apply for a specific position, take the examinations, and have their qualifications assessed. This principle should not be subject to any limitations.

The second viewpoint argued for the operationalization of the principle of equality without any reservations for specific classes or communities. All qualified citizens should be placed on an equal footing when it comes to public services.

The third viewpoint, supported by the Chairman of the Drafting Committee, acknowledged the significance of equality of opportunity as a fundamental principle. However, it also stressed the need for provisions that would enable the entry of communities that had been historically marginalized and excluded from administrative roles.

Another aspect of the debate revolved around the use of the term "backward class" in the Draft Article. Some favored the term due to its broad inclusivity, as it encompassed a wide range of communities. Conversely, others argued that the term's generality introduced vagueness, advocating for more specific terms like "Scheduled Caste."

With certain amendments, the Draft Article was ultimately adopted on November 30, 1948.