Article 16 of the Indian Constitution guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. Clause (1) lays down the general rule of equality, and Clause (2) prohibits discrimination in public employment based on religion, race, caste, sex, descent, place of birth, or residence.
However, the Constitution recognizes that in certain specific circumstances, exceptions to this general rule might be necessary. Article 16(3) carves out one such exception, empowering Parliament to legislate on the requirement of residence as a qualification for certain classes of employment or appointment under a State or Union Territory.
Original Text
(3) 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.
Detailed Explanation
Article 16(3) provides a specific exception to the prohibition of discrimination based on residence mentioned in Article 16(2). While generally residence cannot be a ground for discrimination in public employment, this clause grants Parliament the exclusive power to make laws prescribing a residence requirement for certain jobs within a particular State or Union Territory.
The key aspects of Article 16(3) are:
- Power vested solely with Parliament: This is a crucial limitation. The power to legislate on residence as a qualification for public employment rests only with the Parliament of India. State Legislatures are explicitly excluded from enacting such laws. This prevents individual states from creating discriminatory barriers based on domicile or residence through their own legislation, ensuring a degree of national unity and preventing regional protectionism driven by state laws.
- Scope of Legislation: Parliament can make laws prescribing requirement as to residence within that State or Union Territory. The residence requirement must be linked to living within the specified geographical area (State or UT).
- Applicability: Such a residence requirement can only be prescribed for a “class or classes of employment or appointment” under:
- The Government of a State or Union Territory.
- Any local or other authority within a State or Union Territory. This includes municipalities, panchayats, statutory bodies, etc., functioning within that region.
- Purpose (Implicit): The rationale behind this exception is often understood to be the need to address specific local conditions, requirements, or knowledge relevant to certain jobs. For example, understanding local language, customs, or specific regional issues might be genuinely necessary for certain positions, justifying a residence requirement.
Parliament has exercised this power by enacting the Public Employment (Requirement as to Residence) Act, 1957. This Act repealed existing laws in states that had made domicile a prerequisite for public employment. The Act initially allowed residence requirements for certain positions only in the erstwhile states of Andhra Pradesh, Himachal Pradesh, Manipur, Tripura, and for Union Territories. Over time, the application of this Act has been modified, and residence requirements under this Act currently apply to a limited extent, primarily in some Union Territories or specific areas designated by Parliament.
Detailed Notes
- Forms an exception to the general principle of non-discrimination in public employment stated in Article 16(2).
- Specifically allows for legislation prescribing residence as a qualification.
- The power to make such a law rests exclusively with the Parliament of India.
- State Legislatures are denied this power.
- The law can prescribe residence within a specific State or Union Territory.
- This requirement can only be for a specific “class or classes” of employment or appointment.
- Applicable to jobs under the State Government, Union Territory administration, or any local or other authority within that State or UT.
- Prevents individual states from enacting discriminatory residence laws for state jobs.
- Ensures central control over exceptions based on residence.
- Parliament enacted the Public Employment (Requirement as to Residence) Act, 1957, utilizing this power.
- The 1957 Act aimed to standardize residence requirements and repealed many pre-existing state-level domicile rules.
- The Act’s application allowing residence requirements is currently limited to specific areas/UTs as amended over time.
- The power under 16(3) is not unfettered; any law made by Parliament must still be reasonable and not arbitrary, potentially subject to judicial review.
Additional Comments
- Article 16(3) represents a balance between the principle of equality of opportunity across the nation and the need to address genuine local requirements for certain jobs.
- By vesting the power solely in Parliament, the Constitution prevents the fragmentation of the national employment market by potentially protectionist state legislation based on residence.
- The existence of this clause acknowledges that while domicile/residence is generally not a valid criterion, specific circumstances in states/UTs might warrant it, but only under central legislative control.
- Judicial pronouncements have clarified that the power under 16(3) is for prescribing residence within a state/UT, not for prescribing residence within a district or smaller local area unless the law specifically provides for it and it is deemed reasonable.
Summary
Article 16(3) of the Indian Constitution is an exception to the fundamental right of equality of opportunity in public employment. It exclusively empowers the Parliament of India to enact a law requiring residence within a specific State or Union Territory as a qualification for certain categories of jobs or appointments under that State, UT, or any authority within it. This provision prevents individual states from legislating on residence requirements for state employment and ensures that any such exception to the nationwide principle of non-discrimination is made only by the central legislature, often reflecting a need related to specific local conditions.