Article 16(4) of the Indian Constitution: Reservation for Backward Classes in Public Employment | Kanoon.site
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Article 16(4) of the Indian Constitution: Reservation for Backward Classes in Public Employment

Part: III
Shorthand Notes: State can reserve jobs for backward classes not adequately represented

Article 16 of the Indian Constitution guarantees equality of opportunity in matters of public employment. Clauses (1) and (2) prohibit discrimination on grounds of religion, race, caste, sex, descent, place of birth, residence or any of them. However, the Constitution makers recognised that formal equality might not be sufficient to ensure substantive equality for certain disadvantaged groups who have historically suffered discrimination and lack of representation in public services.

Article 16(4) serves as an enabling provision that allows the State to make special provisions for the reservation of appointments or posts in favour of any backward class of citizens who are not adequately represented in the services under the State. It is a crucial tool for achieving social justice and ensuring inclusive governance by promoting the representation of marginalized communities in public administration.

Original Text

“Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.”

Detailed Explanation

Article 16(4) begins with a non-obstante clause, “Nothing in this article shall prevent…”, signifying that it acts as an exception or a special provision that carves out a space within the general guarantee of equality of opportunity provided by Article 16(1) and (2). It empowers the ‘State’ (as defined in Article 12) to take affirmative action measures.

The key elements of Article 16(4) are:

  1. Enabling Power: It does not mandate reservation but empowers the State to make such provisions. The decision to provide reservation and the extent thereof lies with the State, based on its assessment.
  2. Provision for Reservation: The State can make provisions for “reservation of appointments or posts”. This includes initial appointments as well as posts.
  3. Beneficiaries: The reservation is to be made in favour of “any backward class of citizens”. The term “backward class” is not defined in the Constitution, but it generally refers to socially and educationally backward classes, often identified based on caste, but not solely caste.
  4. Condition for Reservation: The reservation can only be made if, “in the opinion of the State”, the backward class of citizens is “not adequately represented in the services under the State”. This implies two conditions that the State must satisfy to invoke Article 16(4):
    • The existence of a ‘backward class’.
    • The inadequate representation of this class in the services under the State.
  5. Subjective Satisfaction of the State: The assessment of whether a class is backward and inadequately represented is left to the “opinion of the State”. However, this opinion must be based on objective material and not be arbitrary or capricious.

Article 16(4) is considered a facet of substantive equality. While Article 16(1) ensures formal equality (treating everyone the same), Article 16(4) recognizes the need for differential treatment to overcome historical disadvantages and ensure that all sections of society have a fair chance to participate in public services, thereby achieving actual equality in outcome and representation.

Detailed Notes

  • Article 16(4) is an exception/enabling provision to the general rule of equality of opportunity in public employment under Article 16(1) and (2).
  • It is not a fundamental right in itself, but an enabling clause allowing the State to enact laws or executive orders for reservation.
  • It empowers the ‘State’ (Union or State government, Parliament or State Legislature, local authorities, etc.) to make reservations.
  • The provision can be made for “reservation of appointments or posts”.
  • The beneficiaries are “any backward class of citizens”.
  • The term ‘backward class’ includes socially and educationally backward classes (SEBCs).
  • Identification of backward classes is a prerequisite, often done by commissions (like the Mandal Commission).
  • The second prerequisite for reservation is that the backward class must be “not adequately represented” in the services under the State.
  • The assessment of backwardness and inadequate representation rests on the “opinion of the State”.
  • This ‘opinion’ must be based on relevant data and objective criteria, subject to judicial review on grounds of arbitrariness.
  • The purpose of Article 16(4) is to achieve substantive equality and ensure inclusive representation in public services.
  • Reservation under 16(4) is a means to secure adequate representation, not an end in itself.
  • The Supreme Court in the Indra Sawhney case (1992) held that reservations under Article 16(4) cannot ordinarily exceed 50% of the vacancies in a year, upholding the principle of balancing reservation with merit and the rights of others under Article 16(1).
  • The concept of ‘creamy layer’ within backward classes was introduced by the Supreme Court in Indra Sawhney to ensure that the benefits of reservation reach the truly disadvantaged within the class.
  • Article 16(4) was the subject of extensive judicial interpretation regarding the extent of reservation, reservation in promotions, and the definition of backward classes.
  • Subsequent amendments (like Article 16(4A) and 16(4B)) were introduced to address certain judicial interpretations, particularly regarding reservation in promotions and the 50% limit carrying forward unfilled vacancies.

Additional Comments

  • The interpretation and implementation of Article 16(4) have been highly contentious, leading to significant landmark judgments by the Supreme Court, most notably Indra Sawhney v. Union of India (1992), which reviewed the law on reservation extensively.
  • The Indra Sawhney judgment, while upholding reservation for OBCs, excluded the ‘creamy layer’ from its benefits and held that reservations under Article 16(4) are only for initial appointments and not promotions. This latter point led to the 77th Constitutional Amendment Act, 1995, inserting Article 16(4A).
  • The 81st Constitutional Amendment Act, 2000, introduced Article 16(4B) to allow the carry-forward of unfilled reserved vacancies from previous years, exempting them from the 50% ceiling limit in the subsequent year.
  • The determination of which classes are ‘backward’ and whether they are ‘inadequately represented’ involves complex socio-economic surveys and data analysis by the State.

Summary

Article 16(4) of the Indian Constitution is an enabling provision allowing the State to reserve appointments or posts in public services for any backward class of citizens that, in the State’s opinion, is not adequately represented. This provision is designed to ensure substantive equality and achieve social justice by promoting the representation of historically disadvantaged groups in government employment, thereby balancing the principle of equality of opportunity under Article 16(1) and (2) with the need for affirmative action. The power granted to the State is conditioned upon the identification of backward classes and the finding of their inadequate representation, based on objective criteria, though the assessment is left to the State’s discretion, subject to judicial review.
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