Q. Article 16 is subject to four major exceptions. Consider the following statements regarding these exceptions:
1.Parliament can prescribe residence as a condition for certain employment or appointment in a State or Union Territory.
2.State legislatures are empowered to reserve appointments or posts in favor of any backward class that is not adequately represented in the state services.
3.A law can provide that the incumbent of an office related to a religious or denominational institution shall belong to a particular religion.
4.The State can provide for 10% reservation in appointments for Economically Weaker Sections (EWS) in addition to existing reservations.
Which of the statements given above are correct?
Answer: C
Notes:
Explanation:
Statement 1: Correct. Under Article 16(3), only Parliament (not State Legislatures) can prescribe residence.
Statement 2: Incorrect. Article 16(4) empowers the “State” (as defined in Art 12), which includes Parliament and State Legislatures, but the statement implies an exclusive power. More importantly, it is a provision of the Constitution, not just an “empowerment of legislatures.”
Statement 3: Correct. This is provided under Article 16(5).
Statement 4: Correct. This was added by the 103rd Amendment Act, 2019 [Article 16(6)].
