The Constitution of India conditionally allows domicile-based reservation in public employment. Elaborate.

By Srirangam Sriram, Sriram's IAS, New Delhi.

Article 14 on domicile-based reservation in public employment of the Constitution lays down equality for all under the law. Art.15 and 16 elaborate the same for access to public places and employment respectively. There are conditional departures from the equality that is promised in Art.14 for reasons of addressing the historically built up and current inequalities.

Art.16 promises equality of opportunity in matters of public employment. However, there are exceptions made in favour of certain social groups based on economic reasons, caste and ethnicity. Even residence is also open to be diluted if Parliament so believes.

To elaborate, there may be regions in the state where the people may be backward enough for them to be preferred in local jobs, for example, people of Telangana region till 2014 when the state of Andhra Pradesh was bifurcated. However, such a `sons of soil’ policy can be made by way of law by the parliament only and not by the state legislature. It can be only temporary, and can be terminated only by the Parliament.

The aim is to alleviate the under-development of a region within a state. Such jobs are subordinate jobs, generally.

Published date : 12 Nov 2020 12:14PM