Constitutional Law LL.B. 3 Year 2nd Semester Overview

CONSTITUTIONAL LAW LL.B. 3 YEAR 2NDSEM By Dr. Rajnish Kumar Srivastava Asst. Professor Dept. of LAW DDU Gorakhpur University, Gorakhpur

EQUALITY OF OPPORTUNITY ARTICLE 16 There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

ARTICLE 16(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible discriminated against any employment or office under the state. for, or in respect of,

RAJYA SABHA SECRETARIAT V. SUBHASH BALODA AIR 2013 SC 2193Q Article16 does not prevent the State prescribing the qualifications and procedure for appointment. requisite selection the recruitment or

ONLY The emphasis in article 16(2) is on the word discrimination is based on grounds other than those Clause (2), it would not attract this Clause. only , where mentioned in

C.B. MUTHAMMA V. UNION OF INDIA AIR 1979 S.C. 1868 The Supreme Court held Rule 8(1) of Indian Foreign Service (Conduct and Discipline) Rules, 1961 and Rule 8(4) of Indian Foreign (Recruitment, Cadre Seniority and Promotions) Rules, discriminatory against women. Service 1961, as

REQUIREMENT AS TO RESIDENCE IN A STATE ARTICLE 16(3) This Clause empowers the Parliament to make any law prescribing in regard to a class employment or appointment to an office under the Government of , or any local or authority within, a State or Union territory, any requirement as to residence within that State or Union territory employment or appointment. or classes of prior to such

RESERVATION OF POST FOR BACKWARD CLASSES ARTICLE 16(4) Clause (4) of article 16 expressly permits the State to make provision for the reservation of appointments or post in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

ARTICLE 16(4) IS NOT AN EXCEPTION TO ARTICLE 16(1) In Indra Sawhney v. Union of India AIR 1993 SC 477 the Supreme Court, by majority of 6 to 3 has ruled that Clause (4) of the Article 16 is not an exception to Clause (1) rather it is an enabling provision, an instance of classification implicit in and permitted by Clause (1).

T. DEVADASAN V. UNION OF INDIA AIR 1964 SC 179 In this case the carry forward rule, regulating reservation of vacancies for candidates belonging to Scheduled Castes and Scheduled Tribes, was struck down by the Court, as invalid and unconstitutional.

M.R. BALAJI V. STATE OF MYSORE AIR 1963 SC 649 Reservation exceeding 50% in a single year would be unconstitutional and invalid.

RESERVATION IN PROMOTION In Indra Sawhney v. Union of India AIR 1993 SC 477 (the Mandal Commission Case) it is said by the Supreme Court that Article 16(4) did not contemplate or permit reservation in promotions.

CONSTITUTION (SEVENTY-SEVENTH AMENDMENT )ACT, 1995 ARTICLE 16(4A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion.

COMMISSIONER OF COMMERCIAL TAXES, A.P. HYDERABAD V. G. SETUMADHAVA RAO AIR 1996 S.C.1915 In this case the Supreme Court upheld the 77thAmendment, 1995.

JAGDISH LAL V. STATE OF HARYANA AIR 1997 SC 2366 The Supreme Court clarified that when reserved candidates had been promoted earlier to a general candidate, their seniority in the new cadre would rank from the date of promotion. their joining on

IMPORTANT CASE LAWS 1- Union of India v. Virpal Singh AIR 1996 SC 448 2- Ajit Singh v. State of Punjab AIR 1999 S.C. 3471

THE COURT EXPLAINED THAT- The candidate promoted earlier by virtue of rule of reservation or roster shall not be entitled to seniority over his senior in the feeder category and that as and when a general candidate who was senior to him in the feeder category is promoted, such senior candidate will regain his seniority over the reserved notwithstanding that subsequent to the reserved candidate. candidate promoted he is

THE CONSTITUTION (85THAMENDMENT) ACT, 2001 To negate the effect of the Virpal Case and Ajit Singh Case Article 16(4A) has been amended by the Amendment)Act, 2001. in the amended clause (4A) of Article 16 , in place of the words in matter of promotion to any class , the words in matter of promotion with consequential seniority to any class have been substituted. Constitution (85th

M. NAGARAJ V. UNION OF INDIA AIR 2007 SC 71 In this case the constitutional validity of the Constitution (85thAmendment)Act, 2001 has been upheld by the Court. The Court ruled that obliteration of the catch up rule or insertion of the concept of consequential seniority code did not violate the basic structure of the equality code enshrined in Articles 14, 15 and 16.

EXCLUSION OF 50% CEILING IN CARRY FORWARD RESERVED VACANCIES {ARTICLE 16(4B)} In Indra Sawhney v. Union of India AIR 1993 SC 477 the majority operation of carry forward rule should not result of breach of 50% would no more be followed after the enactment of the Constitution (Eighty-first Amendment) Act, 2000. had ruled that rule. This rule

ARTICLE 16(5) Nothing operation of any law which provides that the incumbent of an office in connection with the affaires of any religious or denominational institution or any member of the governing body thereof shall particular religion or particular denomination. in this article shall affect the be professing belonging a a a to

103RDCONSTITUTION AMENDMENT ACT, 2019 ARTICLE 16(6) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of 10% of the posts in each category. sections of citizens

IT PROVIDES 10% RESERVATION IN GOVERNMENT JOBS This amendment provides the 10% reservation in government jobs to the economically weaker section in the unreserved category. The Act amends Article 15 and 16 to provide for reservation based backwardness. For the purposes of article 15 and article 16, economically weaker sections to be notified by the State from time to time on the basis of family income and other indicators of economic disadvantage. on economic

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