Article 16 of Indian Constitution and Equality of opportunity in matters of public employment

Article 16 gives the guarantee of equality of opportunity in matters of public employment.

Article 16(1) & 16(2) have laid down a general rule that there shall be equal opportunity for all citizens and thus emphasizes on universality of Indian Citizenship. However, further section of Article 16 provides the exceptions. Article 16(3) reads as follows:

Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office [under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory] prior to such employment or appointment.

As per this article residence qualifications may be made necessary in the case of appointments under the state for particular positions, thus making the domicile provisions stronger, however, the power is not vested in the states but in Parliament to prescribe the requirement as to residence in the state. This emphasizes on making the qualifying test uniform throughout the country.


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