Article 16 Fundamental Right in Hindi | Constitution of India

Constitution of India Course: learn.finology...
Hello Everybody! Welcome to Finology Legal
Lets discuss Article 16 Fundamental right in Hindi
While discussing Article 16 of Indian Constitution it is important to understand the co-relation that exists between Article 14 - Article 15 and Article 16 of Indian Constitution.
All three of them expands the Concept of Right to Equality in India
Article 14 - EQUALITY BEFORE LAW
ARTICLE 15 - PROHIBITION OF DISCRIMINATION
ARTICLE 16 - EQUALITY OF OPPORTUNITY
Dr. B.R. Ambedkar referred to Reservation as ‘Compensatory Benefits’.
Article 16 helps us to establish a welfare state. There are a lot of disadvantaged and Backward Classes in our Society - who have faced time immemorial Discrimination and are still led down because of social stigmas. Article 16 of Indian Constitution helps us to uplift these disadvantages sections by giving them Equal Opportunities in Employment and Appointment.
Article 16 is available only to Citizens.
Article 16(1) - Defines the Scope
Article 16(2) - Provides for 7 Grounds on the basis of which Discrimination is Prohibited
16(3) - Provides for Residence as a Requirement of Reservation
16(4) - Provides that State can Provide for Reservation in Employment and Appointment for Backward Classes of Citizens; which in the opinion of state are not Adequately Represented.
This Article 16(4) of the Indian Constitution raised a lot of Legal Question as to Reservations. I have tried to cover the entire Discussion through important Article 16 Case laws:
Balaji v. State of Mysore
Devdasan v. Union of India
Mandal Commission Report
Indira Sawhney v. Union of India
Subsequently I have also discussed the Impact of Mandal Commission Recommendations and impact of Indra Sawhney Judgment.
I have also discussed 77th Amendment which brought about Article 16(4A) of the Indian Constitution - which talks about Reservation in Promotion with Consequential Seniority
And 81st Amendment Act, which brought Article 16(4B) - which helps determining ceiling limit with respect to unfilled vacancies
^Article 12 - • Article 12 | Meaning o...
^Article 13 - • Article 13 of Indian C...
^Article 14 - • Article 14 Fundamental...
^Article 15 - • Article 15 Indian Cons...
^Article 19 - • Article 19 Of Indian C...
Recent Supreme Court Judgement on Section 377 - • Section 377 | Homosexu...
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Hi Priya! A small correction in the provision of 16 (4-B): Unlike clause 4-A, clause 4-B is not confined to the SCs and STs. In M.Nagaraj vs UoI, 2006, the court upheld both the amendments introducing 4A & 4B and also identified that it is interesting to note that Article 335 which applies only to SCs and STs has been extended to clause 4B which is not confined to those classes alone. Hence the ceiling limit of 50% includes all the classes. Thank you :)

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15 and 16 (Jarnail Singh vs Lachmmi Narain Gupta)

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