Safeguards for public employment in Government services.
Some of the important provisions laid down in the Constitution of India in this regard are listed below.
Article 14: Equality before law – State shall not deny to any person equality before the law or equal protection of the laws with in the territory of India.
Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, place of birth, and makes special provision for the advancement of any educationally backward class or citizens or the SC/STs.
Article 16: Equal opportunity in matters of public Employment
1. There shall be equal opportunity for all citizens in matters relating to employment or appointment to any office under the State.
2. No citizen shall on the grounds of religion, race caste, sex, decent, place of birth, residence or any of them be ineligible for or discriminated against in respect of any employment of office under the State. Nothing in this Article shall prevent the State from making any provision for the reservation of appointments of posts in favour of any Backward Class or Citizen, which in the opinion of the State is not adequately represented in the service under the State.
Article 17: Untouchability is abolished and it’s practice in any form is forbidden. Enforcement of any disability arising out of ‘Untouchability’ shall be an offence punishable in accordance with the law.
Article 29: Protection of interest of minority: No citizen shall be denied admission in any educational institution maintained by the State or receiving aid out of State fund on the grounds of religion, race, caste, language or any of them.
Article 46: The State shall promote with special care educational and economic interest of the weaker section of the people and in particular for the SCs /STs and shall protect them from social injustice and all forms of exploitation.
Article 335: Provides that the claims of members of SCs /STs shall be taken into consideration, consistently with the maintenance of the efficiency of the administration in making the appointment in services and posts in connection with the affairs of the Union or of a State.
Article 339: Provides for the control of the Union over the administration of scheduled areas and welfare of the SCs/STs, providing appointment of the commission to report or the administration of the scheduled areas and welfare of the SCs/STs, in the State.
Article 341 & Article 342: Empowers the President to declare particular castes, race or tribes as SCs/STs. It also empowers the Parliament to include or exclude any caste, race tribe as SC/ST by a notification. Under these constitutional provisions reservations in the public services have been provided for the SCs/STs from 13.09.1950 at the rate of 12.5% & 5% respectively wherever posts were filled up by open competition on All India basis. Wherever posts were filled up by recruitment on All India basis otherwise than on open competition, 16 2/3% & 5% reservation was provided for SC/ST respectively. Even before 13.09.1950, 12.5% reservation was available for SCs in Government services.
After 1961 census the above percentages were revised as under with effect from 15.03.1970 according to the proportion of population of SCs and STs to the total population.
Recruitment made on All India basis by open competition.
SCs 15% STs 7.5%
Recruitment made on All India basis otherwise than by open competition.
SCs 16 2/3% STs 7.5%
Recruitment made on local/ regional basis:
SCs 15% STs 7.5%
Mandal Commission recommendations: As per the recommendations of Mandal Commission, 27% of Direct Recruitment Quota vacancies in civil posts/Services under the Government of India are reserved for other backward classes with effect from 08.09.1993. certain classes of persons among OBCs as specified in schedule who belong to Creamy Layer are excluded from the purview of this 27% reservation for OBCs.
‘Creamy Layer’ RBE No.127/2018: Sons and daughters of persons having gross annual income of Rs.1 lakh or above for a period of three consecutive years would fail within the ‘Creamy layer’ and would not be entitled to get the benefit of reservation available to the Other Backward Classes. The aforesaid limit of income for determining the creamy layer status was subsequently raised to Rs.2.5 lakh, Rs.4.5 lakh Rs.6 lakh and Rs.8 lakh respectively.
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