- What is it?: Equality of Opportunity in Public Employment
- Provisions
- Article 16 provides for equality of opportunity for all citizens in matters of employment or appointment to any office under the State.
- No citizen can be discriminated against or be ineligible for any employment or office under the State on grounds of only religion, race, caste, sex, descent, place of birth or residence.
- Exceptions
- Parliament can set residence as a condition for employment in a state, union territory, local authority, or other authority, but this provision is no longer applicable, except in Andhra Pradesh and Telangana.
- The state can reserve appointments for any backward class underrepresented in state services.
- Laws may require that certain offices related to religious or denominational institutions be held by individuals of the relevant religion or denomination.
- The state can reserve up to 10% of appointments for economically weaker sections (EWS) of citizens, in addition to existing reservations. EWS eligibility is based on family income and other economic indicators.
- Recommendation of Mandal Commission
- 27% reservation for Other Backward Classes (OBCs) in government jobs and educational institutions.
- Reservation applies in addition to the existing 15% for Scheduled Castes (SCs) and 7.5% for Scheduled Tribes (STs), making total reservation 49.5%.
- OBCs identified based on social, educational, and economic backwardness.
- Exclusion of the “creamy layer” (affluent OBCs) from the reservation benefits.
- Recommendation for measures to uplift OBCs, such as scholarships, free education, and awareness programs.
- Recommendations were implemented in 1990 under V.P. Singh’s government.
- Led to widespread protests but increased OBC representation in education and employment.
- Associated Cases: Mandal Case (1992)