Residence requirement in public employment
Also called: Article 16(3), Domicile requirement · Topic: Fundamental Rights and Constitutional Remedies · NCERT: Beyond NCERT
Meaning
Article 16(3) is an exception to the rule that the State cannot discriminate on residence in public jobs. It allows a residence condition for jobs in a state, but only Parliament can make that law, not a state legislature. Article 35 also reserves this power for Parliament. This keeps job markets open across India and stops each state from closing its jobs to outsiders.
Example
Courts have struck down residence rules imposed by states for public jobs. In Kailash Chand Sharma (2002), the Supreme Court rejected a state's attempt to favour local residents in public employment.
Don't confuse with
- Freedom of residence (Art. 19(1)(e)): this is a citizen's freedom to live and settle anywhere in India. Article 16(3) is about whether residence can be a condition for getting a public job.
Related concepts
- Prohibition of discrimination
- Special provisions for women and children
- Special provisions for backward classes
- Equality of opportunity in public employment
- C.B. Muthamma case
- Untouchability
- Abolition of titles
- Balaji Raghavan case