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Consider the following statements with reference to the Article 16 of Indian Constitution:
1. It prohibits discrimination both by the State and private individuals.
2. Parliament can not prescribe residence as a condition for employment or appointment in a state or union territory.
3. The Court can not issue the mandamus to provide reservation or promotion.
How many statements given above are correct?
Only one
Only two
All three
None
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. • There are three exceptions to this general rule of equality of opportunity in public employment: o Parliament can prescribe residence as a condition for certain employment or appointment in a state or union territory or local authority or other authority. Hence statement 2 is not correct. o The State can provide for reservation of appointments or posts in favour of any backward class, Scheduled Class and Scheduled Tribes that is not adequately represented in the state services and also in favour of economically weaker sections. o A law can provide that the incumbent of an office related to religious or denominational institution or a member of its governing body should belong to the particular religion or denomination. • This provision (Article 16) prohibits discrimination only by the state. Hence statement 1 is not correct. • Writ of Mandamus: Reservation and Promotion: o The Articles 16, 16(4A) and 16(4B) of the Constitution of India are enabling provisions. The Court cannot issue the mandamus to provide reservation or promotion- Suresh Chand Gautam v. State of Uttar Pradesh. Hence statement 3 is correct.
By: Parvesh Mehta ProfileResourcesReport error
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