Consider the following statements about the Fundamental Right of Equality of Opportunity in the matt...........

Indian Political System(CSC) FR, DPSPS and Duties

Consider the following statements about the Fundamental Right of Equality of Opportunity in the matters of public employment:

1. Under Article 16, 'office' means a subsisting, permanent, substantive position, having an existence dependent of the person who fills it.

2. Article 16 deals only with the initial stage of appointment.

Which of the statements given above is/are correct?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

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Explanation:

Explanation: Article 16 uses the term 'office' which is synonymous with the term 'office' used in Articles 102(a) and 191(a). 'Office' means a subsisting, permanent, substantive position, having an existence independent of the person who fills it, which is filled in succession by successive holders, and which has more or less a public character to which the duties are attached. The expression 'matters relating to employment' in Article 16(1) is not restricted only to the initial stage of appointment; the expression "appointment to an office" in Article 16(1) does not mean merely the initial appointment. Article 16(1) includes all matters in relation to employment both prior, and subsequent, to the employment which are incidental to the employment or which form part of the terms and conditions of such employment, such as, salary, periodical increments, leave, promotion, fixation of seniority, gratuity, pension, superannuation and even termination of employment.