Constitution of India Course: [ Ссылка ]
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Lets discuss Article 16 Fundamental right in Hindi
While discussing Article 16 of Indian Constitution it is important to understand the co-relation that exists between Article 14 - Article 15 and Article 16 of Indian Constitution.
All three of them expands the Concept of Right to Equality in India
Article 14 - EQUALITY BEFORE LAW
ARTICLE 15 - PROHIBITION OF DISCRIMINATION
ARTICLE 16 - EQUALITY OF OPPORTUNITY
Dr. B.R. Ambedkar referred to Reservation as ‘Compensatory Benefits’.
Article 16 helps us to establish a welfare state. There are a lot of disadvantaged and Backward Classes in our Society - who have faced time immemorial Discrimination and are still led down because of social stigmas. Article 16 of Indian Constitution helps us to uplift these disadvantages sections by giving them Equal Opportunities in Employment and Appointment.
Article 16 is available only to Citizens.
Article 16(1) - Defines the Scope
Article 16(2) - Provides for 7 Grounds on the basis of which Discrimination is Prohibited
16(3) - Provides for Residence as a Requirement of Reservation
16(4) - Provides that State can Provide for Reservation in Employment and Appointment for Backward Classes of Citizens; which in the opinion of state are not Adequately Represented.
This Article 16(4) of the Indian Constitution raised a lot of Legal Question as to Reservations. I have tried to cover the entire Discussion through important Article 16 Case laws:
- Balaji v. State of Mysore
- Devdasan v. Union of India
- Mandal Commission Report
- Indira Sawhney v. Union of India
Subsequently I have also discussed the Impact of Mandal Commission Recommendations and impact of Indra Sawhney Judgment.
I have also discussed 77th Amendment which brought about Article 16(4A) of the Indian Constitution - which talks about Reservation in Promotion with Consequential Seniority
And 81st Amendment Act, which brought Article 16(4B) - which helps determining ceiling limit with respect to unfilled vacancies
^Article 12 - [ Ссылка ]
^Article 13 - [ Ссылка ]
^Article 14 - [ Ссылка ]
^Article 15 - [ Ссылка ]
^Article 19 - [ Ссылка ]
Recent Supreme Court Judgement on Section 377 - [ Ссылка ]
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Constitution of India Course: [ Ссылка ]
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