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Question 36 of 52 · Fundamental Rights
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SSC · Police

The clause of the Constitution which says that no citizen shall be ineligible for, or discriminated against in, any public employment on grounds only of religion, race, caste, sex, descent, place of birth or residence is:

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Answer: Option B — Article 16(2)

Detailed Solution

Article 16(2) provides that 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.

Structure of Article 16:

  • Article 16(1) lays down the general principle of equality of opportunity for all citizens in matters of public employment.
  • Article 16(2) lists the grounds on which discrimination in public employment is forbidden.
  • Later clauses deal with residence requirements, reservation and religious offices.

Grounds in Article 16(2):

  • Religion, race, caste and sex.
  • Descent, meaning family or lineage.
  • Place of birth and residence.

Difference from Article 15:

  • Article 15 forbids discrimination in general matters on grounds of religion, race, caste, sex or place of birth.
  • Article 16(2) adds "descent" and "residence" because they are especially relevant to jobs.

Residence requirement exception:

  • Article 16(3) allows Parliament alone to prescribe residence within a state as a condition for certain jobs in that state.
  • Under the Public Employment (Requirement as to Residence) Act, such requirements were allowed for some states, but most of them have since lapsed.

Meaning of "only":

  • The word "only" means that discrimination is forbidden when it is based solely on these grounds.
  • If a rule is based on other valid grounds, such as qualifications, it is allowed even if it affects a particular group.

Important examples:

  • Hereditary appointments to village offices were struck down because they were based on descent.
  • Rules that barred married women from certain posts were also struck down as discrimination based on sex.

Why not the other options?

  • ✗Article 15(2) deals with access to shops, hotels, wells and public places.
  • ✗Article 16(1) is the general equality clause for public employment.
  • ✗Article 14 deals with equality before law in general.

Quick tip

Remember: Article 16(2) = no discrimination in public jobs on religion, race, caste, sex, descent, place of birth or residence.

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Fundamental Rights — Preparation

This question tests your understanding of Fundamental Rights, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.

Fundamental Rights are listed in Part III of the Constitution (Articles 12-35). This topic covers the six Fundamental Rights (equality, freedom, against exploitation, freedom of religion, cultural and educational rights, and constitutional remedies), the five writs, and the landmark cases that shaped these rights. Questions usually ask which article guarantees a right (Article 21 for life and personal liberty, Article 17 for abolition of untouchability), which writ serves which purpose, and why the right to property is no longer a Fundamental Right (it was removed by the 44th Amendment in 1978). B. R. Ambedkar called Article 32 the 'heart and soul' of the Constitution. Practise the Fundamental Rights questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.

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