Introduction of Article.
Articles 16, 17, and 18 of the Indian Constitution are part of the Right to Equality under Part III. These provisions guarantee equal opportunities in public employment, abolish untouchability, and prohibit the conferment of titles that create social inequality. Since these rights are justiciable, citizens can directly approach the High Court or the Supreme Court for enforcement if violated.
Article16 of Indian constitution
It deals with Equality of opportunity in matters of public employment.—
Equality of opportunity in matters of public employment means that every citizen of India should be given a fair and equal chance to apply for government jobs, without facing discrimination based on religion, caste, gender, place of birth, or any other personal background. It ensures that the government cannot favour or reject anyone unfairly while filling public posts. At the same time, the Constitution allows certain exceptions, like reservations for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs), if they are not adequately represented in public services. It also allows some preferences for people from a particular state or religion in specific cases, such as jobs in local governments or religious institutions. This provision aims to promote both fairness and social justice by giving equal chances to everyone while supporting those who have been historically disadvantaged.
Article 16 (1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
Every citizen of India must be given an equal and fair chance to apply for and get a government job or be appointed to any public office. The government cannot show favouritism or treat someone unfairly while hiring for public positions. Everyone, whether rich or poor, from any caste, religion, or region, should be treated equally when it comes to job opportunities in government services.
Article 16 (2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
A citizen cannot be denied a government job or treated unfairly just because of their religion (like Hindu or Muslim), race, caste (like SC/ST), gender (male or female), family background, where they were born, or where they live. These personal factors cannot be used as reasons to reject someone from applying for or holding a public job.
Article 16 (3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment.
Parliament is allowed to make laws that say a person must have lived in a particular State or Union Territory before applying for certain government jobs in that area. This applies only to specific types of jobs, and it helps to give preference to local residents for local or state-level employment.
In the case of Dr. Pradeep Jain v. Union of India (1984), the Supreme Court dealt with the issue of giving preference to local residents (domicile) in admissions to medical colleges, which are public institutions. The Court said that while the Constitution guarantees equal opportunity, it is sometimes reasonable to give preference to people from a particular state, especially in areas like education and public jobs. However, the Court also made it clear that only Parliament has the power to make laws that allow such preference based on residence, not individual states.
Article 16 (4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
This clause allows the government (State) to reserve jobs in public services for backward classes of citizens—that is, socially and educationally disadvantaged groups—if they are not properly represented in government jobs. This is done to bring equality and social justice by helping those who have been historically left behind.
T. Devadasan v. Union of India (1964 AIR 179)
Facts: In this case, a government scheme allowed unfilled reserved seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) to be carried forward to the next year. As a result, in some years, the total number of reserved seats went beyond 50%, which was challenged as unconstitutional and discriminatory.
Issue: Was the carry forward rule, which could result in more than 50% reservations in a particular year, valid under Article 16(4)?
Judgment:
The Supreme Court struck down the rule as unconstitutional, stating that reservations cannot exceed 50% in any given year, even with the carry forward of unfilled posts from previous years.
The Court held that Article 16(4) is an enabling provision for ensuring fair representation of backward classes, but it cannot be used to destroy the principle of equality in Article 16(1).
Excessive reservation, even if due to carry forward, would amount to denial of equal opportunity.
Indra Sawhney v. Union of India (1992) —
also known as the Mandal Commission case
Facts:
The Government of India implemented the recommendations of the Mandal Commission, which proposed 27% reservation for Other Backward Classes (OBCs) in central government jobs. This was challenged in the Supreme Court, with arguments that such reservations violated the principle of equality under Article 16.
Judgment:
The Supreme Court upheld the constitutional validity of Article 16(4) and ruled that:
Reservation for backward classes is valid if they are not adequately represented in public services.
The total reservation (including SC, ST, and OBC) should not exceed 50%, except in exceptional cases.
Economic backwardness alone is not a ground for reservation under Article 16(4); it must be social and educational backwardness.
The Court also said that ‘creamy layer’ (economically advanced people within backward classes) should be excluded from getting reservation benefits.
Article 16 (4A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.
This clause allows the State to provide reservation in promotions for members of the Scheduled Castes (SCs) and Scheduled Tribes (STs) in government services. This provision is applicable when, in the opinion of the State, these communities are not adequately represented in the services. It also allows such promoted employees to receive what is known as "consequential seniority," meaning their seniority is counted from the date of their promotion. This provision was added to ensure that SCs and STs not only get opportunities in recruitment but also in upward movement within the government jobs, helping to address their historical disadvantage and underrepresentation.
Article 16 (4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year.
This clause allows the State to carry forward any reserved vacancies that could not be filled in a particular year due to the unavailability of suitable candidates belonging to the Scheduled Castes, Scheduled Tribes, or other backward classes. These unfilled vacancies can be treated as a separate category and filled in future years. Importantly, while filling these backlog vacancies in subsequent years, they will not be counted along with the current year's vacancies for calculating the limit of 50% reservation. This means that the total reservation in a given year may exceed 50%, but only because of the inclusion of these past unfilled reserved seats, which are treated independently. This provision ensures that the benefits of reservation are not lost simply because suitable candidates were not available in a particular year.
Article 16 (5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.
This clause says that the right to equality in government jobs (given under Article 16) does not stop the government from making laws that require a person holding a position in a religious or community-based institution to belong to a particular religion or community. For example, if a temple needs a priest or a mosque needs an imam, the law can say that the person must follow that specific religion. This clause respects the special needs of religious institutions, allowing them to appoint people who share their faith, without violating the general rule of equal job opportunity.
Article 16 (6) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten per cent. of the posts in each category.
This clause allows the government to give reservation in jobs to people from the Economically Weaker Sections (EWS) of society, who do not belong to SCs, STs, or OBCs (those mentioned in clause 4). This reservation is in addition to the existing reservations and is limited to a maximum of 10% of the jobs in each category. This means the government can help poor people from the general category by giving them up to 10% reservation in appointments or posts, without affecting the already existing reservations for other categories.
Article 17 of the Indian Constitution:
Article 17:- Abolition of Untouchability.—“Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law.
Article 17 of the Indian Constitution says that "untouchability is completely abolished", which means no one can treat another person as "untouchable" just because of their caste.
It also says that:
Practicing untouchability in any form is strictly not allowed.
If anyone tries to stop or deny others their rights (like entry into temples, access to public places, water, education, jobs etc.) because of untouchability, it is a criminal offence.
The person doing it can be punished by law.
The word "untouchability" here refers to caste-based discrimination, especially against people from Scheduled Castes.
The Constitution of India does not provide a direct definition of the term “untouchability.’’
The term "Untouchability" refers to a social practice where certain castes or communities, especially Scheduled Castes, are treated as impure or inferior and are denied basic social interactions, rights, and access to public spaces simply because of their birth in a particular caste.
This discrimination often includes:
Not allowing entry into temples
Denying access to public wells, roads, schools, hospitals
Refusing to eat or interact socially with persons of “lower castes”
Social boycotts, forced isolation, and humiliation
EXAMPLES OF THE ARTICLE 17
1) A person is stopped from entering a temple just because of their caste. This is untouchability and a violation of Article 17.
2) In a school, children from Scheduled Castes are told to drink water from a separate pot or sit separately while eating. This is caste-based discrimination and punishable under law.
3) A barber refuses to cut the hair of a Dalit customer due to caste. This is untouchability and is not allowed under Article 17.
4) A hotel owner or shopkeeper denies entry or service to someone just because they belong to a lower caste. This is illegal under Article 17 and punishable.
The supreme court held that the right under Article 17 is available against private individuals and it is the constitutional obligation of the state to take necessary action to ensure that this right is not violated.
Article 18 of the Indian Constitution:
Article 18: Abolition of Titles Article
Article 18 is a part of the Right to Equality under Part III of the Constitution. It deals with abolishing titles to promote equality and end the hierarchical structure of society that existed during the colonial period.
Article 18(1): No title, not being a military or academic distinction, shall be conferred by the State.
This means: The Indian government cannot give any title like “Raja”, “Maharaja”, “Sir”, “Nawab”, etc. to anyone. Only military and academic titles are allowed (e.g., Dr., Prof., Major, Colonel). The purpose is to remove caste/class-based privileges and ensure equality.
Example:
The government cannot call someone “Sir Ramesh Singh” or “Nawab Khan” as a title of honor. But it can confer the academic title of “Dr. Ramesh Singh” or the military title “Major Ramesh Singh.”
Article 18(2):"No citizen of India shall accept any title from any foreign State."
Meaning:
Indian citizens are not allowed to accept royal or honorary titles from any foreign country.
This keeps the sovereignty and loyalty of Indian citizens intact.
Example:
An Indian citizen cannot accept the title "Sir" from the British Crown (e.g., “Sir Mohan Singh” by the UK). However, receiving an academic degree (like honorary PhD) from a foreign university is allowed.
Article 18(3): "No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State."
Meaning:
If a non-citizen (foreigner) is working in a government job or official position in India, they cannot accept a foreign title without approval from the President of India.
Example:
A foreign diplomat working for the Indian government cannot accept a title like “Baron” from another country unless they take permission from the President.
Article 18(4): "No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State."
Meaning:
Any Indian government officer (like civil servants, military officers, judges, etc.) cannot accept gifts, salary (emoluments), or foreign job offers from foreign governments without prior permission from the President of India.
Example:
A government officer cannot accept a job offer from the U.S. Embassy or a gift from a foreign government without approval from the President. If they do get permission from the President, then they can accept it legally.
Objectives of Article 17 (Abolition of Untouchability)
The main objective of Article 17 is to eliminate the centuries-old practice of untouchability from Indian society and ensure social equality and human dignity for all citizens. It was introduced to protect the rights of Scheduled Castes and other oppressed communities who were historically treated as "untouchables" and denied access to basic public facilities, education, temples, and employment. By declaring untouchability as a punishable offence, Article 17 aims to create a caste-free society where every person is treated equally, regardless of their birth, caste, or background. It enforces the idea that discrimination based on caste is illegal and immoral, and the state must actively take steps to prevent such practices through legal means.
Objectives of Article 18 (Abolition of Titles)
The purpose of Article 18 is to promote equality by abolishing hereditary and honorary titles that create artificial divisions in society. During British rule, titles like “Sir,” “Raja,” or “Nawab” were used to create a privileged class, leading to inequality and a sense of superiority among a few individuals. Article 18 ends this practice by banning the Indian State from giving such titles and prohibiting Indian citizens from accepting foreign titles. It ensures that no one is considered superior or inferior due to a title, and everyone is treated equally under the law. This Article supports democratic values by discouraging social hierarchies and protects national loyalty by restricting the acceptance of foreign honors without government approval.