But Article 16 is limited to employment and appointment. At the same time, this Article provides power to the state to make laws and special provisions for the upliftment of citizen on these grounds. Article 15 protects equality and prohibits discrimination on five grounds i.e., religion, race, caste, sex or place of birth. It means that any privileges are absent to a section of people or any individual under the eyes of the law and similar people will be treated alike and no one will be favoured and discriminated, the law will provide equal protection to all the citizens of India. The Constitution 103 rd Amendment Act, 2019 has inserted clause (6) in Article 16 to provide ten per cent reservation of posts for economically weaker section of citizens in addition to the existing reservation in each category.4 Relation of Article 14,15 & 16:Īrticle 14 discusses the widest form of equality i.e., Equality before the law and equal protection under the law. In addition to that, the Article 16(3) permits the state to make any law relating to residence qualifications which are necessary in the case of the government jobs, accordingly for making the domicile provisions stronger. Though, the Article 16(3), 16(4), 16(4A) and 16 (4B) deliver the additional strength to all the kinds of the discrimination among the people on account of their unequal status. Articles 16(1) and 16(2) states a general instruction that there shall be equal opportunity for all the citizens of India in the government jobs. General federal laws state that a prospective employee cannot be deprived or discriminated against due to the following:Īrticle 16 also provides such provisions and we are going to discuss this in detail. The opportunity for training and career developmentĮquality of opportunity means that every citizen shall be eligible for employment or appointment to any office under the State according to his qualifications and capability, as held by the Supreme Court in the case of State of J.Consequently, both employers and employers have to safeguard they practice Equal Employment Opportunity.Įqual Employment Opportunity (EEO) principles apply to: Equal Employment Opportunity (EEO) is not just a theory, it should be practicable and also a requirement under law. Equality or treating all classes of people equally and as one has the same relation in employment i.e. “Equal opportunities” is a broadly used phrase which promotes the idea that everyone within an organization should have an equal chance to apply and be selected for posts, to be trained and promoted and to have their employment terminated equally and fairly. The Constitution harmonies Article 16, it states the Equality of Opportunity in the matters of public employment and it instructs wide commitment among the members of current services. And that’s why equal opportunity in Public Employment is important. If we want to bring equality in the society then the individual of every class must get an equal opportunity in every field, so that they can be part of the society without any discrimination. Right to equality is the very basic and one of the most important features of the Indian constitution and it guarantees to all the citizens of India. Societal acceptance of any law is very important because any law cannot accomplish its objective until society accepts it. Positive action objects to promote societal equality through the special treatment of socio-economically disadvantaged people. The essence of equality constructs the Constitution of India, as the main aim of the constitution-makers was to create a democratic society in which justice in all forms such as social, economic and political justice prevailed, along with the equality in status and opportunities. “Injustice arises when equals are treated unequally and also when unequal are treated equally.” ARISTOTLE
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