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Do you know about Article 16 and creamy layer of Indian constitutional law ?

1. Discuss the concept of equality in public employment.
Ans- Article 16 is an instance of the application of the general rule with special reference to the 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.
Article 16 in the constitution of India 1949 deals with the equality of opportunity in matters of public employment :
  (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 or, any employment or office under the State. 
(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory prior to such employment or appointment.
(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.


2. What do you understand by creamy Layer? Explain with case laws. 
Ans - The ‘means-test and creamy layer’ first finds expression in the Supreme Court’s landmark judgment in Indra Sawhney versus Union of India, delivered by a nine-judge Bench on November 16, 1992. The judgment recorded lawyers describing the ‘creamy layer’ as “some members of a backward class who are highly advanced socially as well as economically and educationally... They constitute the forward section of that particular backward class — as forward as any other forward class member. They lap up all the benefits of reservations meant for that class, without allowing benefits to reach the truly backward members of that class laws: Article 16(4B) was also introduced in the Constitution to carry forward unfilled vacancies in subsequent years and not apply the 50% cap on reservation to these vacancies. Article 335 of the Constitution was amended in 2001 to allow relaxations in qualifying marks and lowering of standards in favour of SCs/STs. The amendments were challenged in the Supreme Court and referred to a five-judge Bench in the M. Nagaraj case.
In 2006, the five-judge Bench, in Nagaraj, laid down three conditions for promotion of SCs and STs in public employment. The court held that the government cannot introduce quota in promotion for its SC/ST employees unless it proves that the particular community was backward, inadequately represented and providing reservation in promotion would not affect the overall efficiency of public administration. The opinion of the government should be based on quantifiable data.
The judgment in Nagaraj also held that the creamy layer was applicable to SCs and STs in government promotions.
                                                
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