Home The Constitution Part III Article 16

Art. 16 Part III: Fundamental Rights

Equality of Opportunity in Public Employment

Exact text — Constitution of India

(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

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

(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.

(4) 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.

(4A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes.

(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation... as a separate class of vacancies to be filled up in any succeeding year or years, and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent reservation on total number of vacancies of that year.

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

(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 sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten per cent of the posts in each category. [Added by the 103rd Amendment, 2019]

In Plain English

What this Article actually means

This is Article 15's counterpart specifically for government jobs — it guarantees every citizen equal opportunity for public employment and bars discrimination on the listed grounds, while carving out several exceptions that allow India's reservation system to function: residence requirements for certain local posts, reservation for backward classes (clause 4), reservation with consequential seniority in promotions for SC/ST (clause 4A), a carve-out so unfilled reserved vacancies don't count against the 50% cap in later years (clause 4B), and the newer 10% EWS reservation (clause 6).

Why This Matters To You

How it shows up in everyday life

If you're applying for any government job — from a clerk's post to an IAS position — this Article is why the application process must be open to all citizens equally, and it's also the legal basis for the reservation categories you'll see listed in almost every government job notification.

Landmark Cases

How courts have interpreted this Article

M. Nagaraj v. Union of India(2006) 8 SCC 212 — Held that reservation in promotions (Article 16(4A)) is valid, but the State must first show quantifiable data on backwardness, inadequate representation, and administrative efficiency before applying it. Verify this case

Read alongside this one

Art. 15 — Prohibition of Discrimination Art. 315 — Public Service Commissions Art. 335 — Claims of SCs and STs to Services

Frequently Asked

Quick answers about Article 16

Is there a cap on total reservation in government jobs?

Yes — courts have generally held total reservation shouldn't exceed 50% (from Indra Sawhney), though the 103rd Amendment's separate EWS quota and some state-specific exceptions have added complexity to this cap in practice.

Can a state require local residency for a government job?

Only for specific classes of employment as prescribed by Parliament under clause (3) — a state can't impose a blanket residency requirement for all government jobs on its own.

← PreviousArticle 15: Prohibition of Discrimination Next →Article 17: Abolition of Untouchability

The text above reproduces Article 16 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.