Important Amendments
- The One Hundred and Third Amendment Act 2019: This amendment has introduced a new clause in Article 16(6), that states the reservation of 10% of vacancies, in the recruitment of government jobs and admission to educational institutions for the citizens belonging to economically weaker sections.
- The One Hundred and Second Amendment Act 2018: This amendment provides the establishment of the National Commission for the Backward Classes as a constitutional body, in order to investigate and recommend the inclusion and exclusion of any community that lies in the backward classes.
- The Eighty-fifth Amendment Act 2001: This amendment states the reservation for scheduled classes and tribes to promote the higher posts in government services that was earlier challenged in Supreme Court and has been struck down.
- The Ninety-First Amendment Act 2003: This article added the new clause of Article 16(4B), that allows the relaxation of the marks required for qualification for the reservation to the backward class people.
- The Seventy-Seventh Amendment Act 1995: This amendment act added the new clause of Article 16(4A) that states the reservation of posts for citizens from economically weaker sections.
Article 16 of Indian Constitution
Article 16 of the Constitution of India, states that equality for all employment opportunities for the citizens of the country without making any discrimination based on their caste, religion, profession, and region of residence. Article 16 makes sure that citizens must be provided with government as well as private opportunities regardless of their economic background. Additionally, Article 16 gives the State the power to establish rules for the reserve of appointments or positions in favor of any underrepresented group of citizens. The clause permits the State to implement affirmative action in order to advance social justice and pull up the historically oppressed lower strata of society.
The key provisions of Article 16 are as follows:
- Equal employment opportunities must be provided for all citizens.
- No citizen must be discriminated against on the basis of sex, caste, region, or religion.
- The State may make provisions for the reservation of appointments or posts in favor of any backward class of citizens, which, in the opinion of the State, are not adequately represented in the services under the State.
- Nothing in this article shall prohibit the State from providing for the reservation of positions in favor of any economically underprivileged groups of persons.
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