Exceptions to equality of opportunity in Public Employment
Q. Which of the following is/are true?
1) No citizen can be discriminated against or be ineligible for any employment under the State on grounds of residence.
2) Parliament can prescribe residence as a condition for appointment in a state.- Published on 21 Feb 17a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Both 1 and 2
- Article 16 provides for equality of opportunity for all citizens in matters of employment or appointment to any office under the State.
- No citizen can be discriminated against or be ineligible for any employment or office under the State on grounds of only religion, race, caste, sex, descent, place of birth or residence.
There are 2 exceptions to this -
1. Parliament can prescribe residence as a condition for certain employment or appointment in a state or union territory or local authority or other authority.
2. As the Public Employment (Requirement as to Residence) Act of 1957 expired in 1974, there is no such provision for any state except Andhra Pradesh. (By article 371D added by 32nd Amendment Act 1973)
3. The State can provide for reservation of appointments or posts in favor of any backward class that is not adequately represented in the state services.
4. A law can provide that the incumbent of an office related to religious or denominational institution or a member of its governing body should belong to the particular religion or denomination.
