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News: A five-judge constitution bench of the Supreme Court has held that the rules of recruitment for public services cannot be changed once the process has begun unless the rules provide so and there is compelling public interest. The laws governing recruitment to public services must conform to principles enshrined in Article 14 and 16 of the constitution.
1. Article 14: It mandates that the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
2. The two key ideas are: A) Equality before law B) Equal protection of the laws
3. Equality before law is of British origin and denotes the negative concept of equality. It ensures that no one is above the law and that all persons are subject to the same legal framework.
4. Equal protection of law is of American origin and denotes the positive concept of equality. It ensures similar application of the same laws to all individuals who are similarly situated.
5. Article 16: It mandates that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state.
6. It prohibits discrimination in public employment on the basis of religion, race, caste, sex, descent, place of birth or any of them.
7. It also enables the state to make provisions for the reservation of posts in favour of citizens belonging to backward classes.
