Explain how the dights to equality opportunity has been realised in term of matter relating to employment
Answers
Right to Equality is one of the basic fundamental rights that the constitution of India guarantees to all the citizens of the country. Article 16 deals with the equality of opportunity in matters of public employment. Equal opportunity is a term which has differing definitions and there is no consensus as to the precise meaning. The constitution of India has given a wide interpretation to this article. Equal Employment Opportunity (EEO) principles apply to:
Access to jobs
Conditions of employment
Relationships in the workplace
The evaluation of performance and
The opportunity for training and career development. [i]
“Article 16 is an instance of the application of the general rule with special reference to opportunity of appointments under the State. It says that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. If it stood alone all the backward communities would go to the wall in a society of uneven basic social structure; the said rule of equality would remain only an utopian conception unless a practical content was given to it… that is why the makers of the Constitution introduced clause (4) in Art. 16. The expression “nothing in this article” is a legislative device to express its intention in a most emphatic way that the power conferred thereunder is not limited in an what by the main provision but falls outside it. It has not really carved out an exception but has preserved a power untrammelled by the other provisions of the Article.