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CLAT Exam  >  CLAT Questions  >  Under Article 16, the State can not reserve p... Start Learning for Free
Under Article 16, the State can not  reserve posts for

  • a)
    Backward classes of citizens

  • b)
    SCs/STs

  • c)
    Economically backward classes

  • d)
    Socially and Economically backward classes

Correct answer is option 'D'. Can you explain this answer?
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Verified Answer
Under Article 16, the State can not reserve posts fora)Backward classe...
In Indra Sawhney the nine-judge bench observed that under Article 16(1), appointments and/or posts can be reserved in favour of a class. Thus, reservation in state services in favour of backward classes may be made under Article 16(1) too, as it is based on the premise of equality
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Most Upvoted Answer
Under Article 16, the State can not reserve posts fora)Backward classe...
Explanation:

Article 16 of the Indian Constitution deals with equality of opportunity in matters of public employment. It prohibits discrimination on grounds of religion, race, caste, sex, descent, place of birth, and residence in the matter of appointments to public services.

Under Article 16, the State can reserve posts for socially and economically backward classes of citizens. The following points explain this in detail:

Socially and Economically Backward Classes:
- The Constitution does not define socially and economically backward classes.
- The term is left to the discretion of the State to identify and define.
- The State can use various criteria to identify socially and economically backward classes, such as income, education, occupation, etc.

Reservation of Posts:
- The State can reserve posts in government services for socially and economically backward classes of citizens.
- The reservation should not exceed 50% of the total number of posts.
- The reservation can be made in both direct recruitment and promotion.

Other Provisions:
- The State can make provisions for the reservation of posts in favour of SCs/STs and other backward classes (OBCs).
- The State can also make provisions for the reservation of seats in educational institutions for socially and economically backward classes of citizens.

Conclusion:
Thus, under Article 16, the State can reserve posts for socially and economically backward classes of citizens. The purpose of such reservation is to ensure that opportunities for public employment are available to all sections of society and not just a few privileged ones.
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Similar CLAT Doubts

The Government has constituted a Commission on 2nd October, 2017 under article 340 of the Constitution to examine the issues of the sub-categorization of Other Backward Classes with the following terms of reference: To examine the extent of inequitable distribution of benefits of reservation among the castes or communities included in the broad category of Other Backward Classes with reference to such classes included in the Central List; To work out the mechanism , criteria, norm s and parameters in a scientific approach for sub categorisation within such Other Backward Classes; and To take up the exercise of identifying the respective castes or communities or sub-castes or synonyms in the Central List of Other Backward Classes and classifying them into their respective sub-categories. The Cabinet also approved an addition to the commission's terms of reference. The commission will now also "study the various entries in the Central list of OBCs and recommend correction of any repetitions, ambiguities, inconsistencies and errors of spelling or transcription".The commission has been formed under Article 340 of the Constitution which was also used to establish landmark Mandal Commission (set up in 1979) more than two decades ago which recommended 27% reservation for socially and educationally backward classes in higher education and government jobs. Over the years, benefits of this reservation were mostly cornered mostly by dominant OBC groups.Q. Constitution says the State shall provide 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. There is a rising trend that outsourcing is done against permanent employees and contracted employees are deployed against regular posts. Contract agencies have been engaged by the Government for construction and maintenance services on consideration of economy and speed, efficiency and more effective delivery of public services. Due to contractualisation of jobs, reservation policy is bypassed by the Government.Based only on the principle of law and argument identified by the author above, would such a reservation be valid?

The Government has constituted a Commission on 2nd October, 2017 under article 340 of the Constitution to examine the issues of the sub-categorization of Other Backward Classes with the following terms of reference: To examine the extent of inequitable distribution of benefits of reservation among the castes or communities included in the broad category of Other Backward Classes with reference to such classes included in the Central List; To work out the mechanism , criteria, norm s and parameters in a scientific approach for sub categorisation within such Other Backward Classes; and To take up the exercise of identifying the respective castes or communities or sub-castes or synonyms in the Central List of Other Backward Classes and classifying them into their respective sub-categories. The Cabinet also approved an addition to the commission's terms of reference. The commission will now also "study the various entries in the Central list of OBCs and recommend correction of any repetitions, ambiguities, inconsistencies and errors of spelling or transcription".The commission has been formed under Article 340 of the Constitution which was also used to establish landmark Mandal Commission (set up in 1979) more than two decades ago which recommended 27% reservation for socially and educationally backward classes in higher education and government jobs. Over the years, benefits of this reservation were mostly cornered mostly by dominant OBC groups.Q. Constitution makes a prov ision that "the State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life'. A policy is made reserving and assigning forest produce to a particular backward community residing in forest for thousands of years, based on the author's argument, which is the most plausible ground to strike down such a policy?

The Government has constituted a Commission on 2nd October, 2017 under article 340 of the Constitution to examine the issues of the sub-categorization of Other Backward Classes with the following terms of reference: To examine the extent of inequitable distribution of benefits of reservation among the castes or communities included in the broad category of Other Backward Classes with reference to such classes included in the Central List; To work out the mechanism , criteria, norm s and parameters in a scientific approach for sub categorisation within such Other Backward Classes; and To take up the exercise of identifying the respective castes or communities or sub-castes or synonyms in the Central List of Other Backward Classes and classifying them into their respective sub-categories. The Cabinet also approved an addition to the commission's terms of reference. The commission will now also "study the various entries in the Central list of OBCs and recommend correction of any repetitions, ambiguities, inconsistencies and errors of spelling or transcription".The commission has been formed under Article 340 of the Constitution which was also used to establish landmark Mandal Commission (set up in 1979) more than two decades ago which recommended 27% reservation for socially and educationally backward classes in higher education and government jobs. Over the years, benefits of this reservation were mostly cornered mostly by dominant OBC groups.Q. Max imum reserv ation to any backward class or classes jointly or severally cannot in any condition exceed 50% of the total seats available. There were violent protests in the state of Rajasthan by the Gujjar community. They demanded 5% reservation in all government jobs in the State. The Rajasthan State Government had provided 49% reservation to backward classes. It accepted the Gujjar's demand and created an additional reservation of 5%. Decide the legality of Rajasthan Government's decision.

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