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Consider the following statements with respect to the Fundamental Right of Equality of Opportunity in the matters of public employment (Article 16):
1. The Parliament and the State Governments can make a law as an exception to Article 16.
2. Under it, the expression "Backward Class" is not synonymous with "Backward Caste" or "Backward Community".
3. It imposes a constitutional duty on the government to make reservation policy in public services.
How many of the above statements is/are correct?
Only one
Only two
All three
None
Explanation: Under Article 16(3), the Parliament may make a law to prescribe a requirement as to residence within a State or a Union Territory for eligibility to be appointed with respect to specified classes of appointments or posts. The power has been given to the Parliament, and not to the State Legislatures, to relax the principle of non-discrimination on the ground of residence, so that only a minimum relaxation is made in this regard. The State Legislatures, being subjected to greater local pressures, might have been tempted to create all kinds of barriers in the matter of public services. It has been emphasized that the expression "Backward Class" is not synonymous with "Backward Caste" or "Backward Community". In determining whether a section of population forms a Backward Class for the purposes of Article 16(4), a test solely based on caste, community, race, religion, sex, descent, place of birth or residence cannot be adopted, because it would directly be violative of Article 16(2). Article 16(4) of the Constitution confers discretion on the government to reserve posts for the backward classes. Article 16(4) neither imposes any obligation, nor confers power, coupled with duty, on the government to make reservations. Accordingly, ‘mandamus’ cannot be issued directing the government to make reservations under Article 16(4). Article 16(4) neither confers a right on anyone to claim, nor imposes a constitutional duty on the government to make any reservation for anyone in public services.
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