Article 15 and 16
Why it Matters?
Debates on reservations resurfaced with Bihar’s proposal to raise quota to 85% and the SC notice on applying ‘creamy layer’ to SCs/STs.
What You Should Know?
Article 15 – Prohibition of Discrimination
Article 15(3) allows special provisions for women and children.
Article 15(4) and 15(5) empower the State to make special provisions for socially and educationally backward classes (SEBCs), Scheduled Castes (SCs), and Scheduled Tribes (STs), including in educational institutions.
Article 15(6) (inserted by the 103rd Constitutional Amendment, 2019) provides up to 10% reservation for Economically Weaker Sections (EWS).
Article 16 – Equality of Opportunity in Public Employment
Article 16(4) allows reservation of appointments/posts in favor of backward classes not adequately represented in State services.
Article 16(4A) permits reservation in promotions for SCs and STs (added by the 77th Constitutional Amendment, 1995).
Article 16(4B) ensures unfilled reserved vacancies are carried forward.
Article 16(6) (103rd Amendment, 2019) provides EWS reservation in public employment.
Indra Sawhney & Others vs Union of India, 1992:
SC in this case upheld the principle that the combined reservation beneficiaries should not exceed 50% of India’s population.