The clause of the Constitution that permits the State to make reservation in appointments or posts for backward classes not adequately represented in State services is:

Article 16(4) allows the State to make 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.

Why this does not violate equality:

• Equality in the Constitution means substantive equality, not just identical treatment.
• People who were held back for centuries by caste and social barriers need special support to compete on equal terms.
• The Supreme Court has held that Article 16(4) is not an exception to equality but a facet of it.

Important judgments:

• In the Indra Sawhney case (1992), the Supreme Court upheld reservation for Other Backward Classes in central government jobs.
• The Court said that total reservations should not normally exceed 50 per cent.
• It held that reservation should apply only to initial appointments and not to promotions.

Later amendments:

• Article 16(4A), added by the 77th Amendment Act, 1995, allows reservation in promotion for Scheduled Castes and Scheduled Tribes.
• Article 16(4B), added by the 81st Amendment Act, allows unfilled reserved vacancies to be carried forward, and these are not counted for the 50 per cent ceiling of that year.
• Article 16(6), added by the 103rd Amendment Act, allows up to 10 per cent reservation for economically weaker sections.

Related provision:

Article 335 says that the claims of Scheduled Castes and Scheduled Tribes must be considered consistently with maintaining efficiency of administration.

Why not the other options?

• ✗Article 15(1) prohibits discrimination by the State on grounds such as religion and caste.
• ✗Article 16(1) lays down the general rule of equality of opportunity in public employment.
• ✗Article 17 abolishes untouchability.