Part III — Fundamental Rights

Article 16 — Equality of Opportunity in Public Employment

Article 16 guarantees equal opportunity in government employment and is the constitutional basis for reservations in public jobs and promotions. Clause (4) permits reservations for backward classes; clause (4A) extends this to promotions for SCs/STs; and clause (4B) allows unfilled reserved vacancies to be carried forward.

This article has been amended since its original text.

Timeline

12 January 2019

103rd Amendment: 10% EWS reservation

The Constitution (103rd Amendment) Act created a 10% reservation in government jobs and educational institutions for Economically Weaker Sections from the general category — the first reservation based purely on economic criteria. The Supreme Court upheld it 3:2 in November 2022.

Constitution (103rd Amendment) Act, 2019

Constitutional text

(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

(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.

(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.

(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.

(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...

Source: Constitution of India, as published by the Ministry of Law and Justice.

History and context

Article 16 was one of the most debated provisions in the Constituent Assembly. Ambedkar insisted on clause (4) to enable reservation in public employment for backward classes. The Supreme Court in Devadasan v. Union of India (1964) struck down the 'carry-forward' rule for unfilled reserved vacancies. The 77th Amendment (1995) inserted clause (4A) explicitly to allow reservation in promotions after the Supreme Court in Indra Sawhney (1992) held that reservations in promotions were not covered by clause (4). The 81st Amendment (2000) added clause (4B) reversing Devadasan on carry-forward. The 85th Amendment (2001) made promotion reservations retrospective. The 117th Amendment Bill (lapsed) sought to extend these protections further.

Amendments

77th Amendment (1995) — Inserted clause (4A) permitting reservation in promotions for SCs/STs.
81st Amendment (2000) — Inserted clause (4B) allowing carry-forward of unfilled reserved vacancies.
85th Amendment (2001) — Made consequential seniority available to SC/ST promotees.

Key Supreme Court cases

Indra Sawhney v. Union of India (1992)

Landmark Mandal case: upheld 27% OBC reservation, capped total reservations at 50%, excluded creamy layer, held reservations in promotions not permitted under original clause (4).

M. Nagaraj v. Union of India (2006)

Upheld 77th, 81st, 85th Amendments on reservation in promotions but required states to show quantifiable data on backwardness, inadequate representation, and efficiency.

Jarnail Singh v. Lachhmi Narain Gupta (2018)

Modified Nagaraj — states need not collect quantifiable data on backwardness but must show inadequacy of representation.

Last reviewed: 1 June 2026

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