Consider the following statements : 1. A citizen cannot be discrimin

Consider the following statements :

  • 1. A citizen cannot be discriminated only on the ground of place of birth but the Parliament can make law prescribing any requirement as to residence within a State with regard to any class of employment in the State.
  • 2. There can be no discrimination only on the ground of religion but law may prescribe a requirement that an incumbent to an office in connection with any religious institution should belong to a particular religion to which the institution belongs.

Which of the above statements is/are correct?

1 only
2 only
Both 1 and 2
Neither 1 nor 2
This question was previously asked in
UPSC Combined Section Officer – 2019-20
The correct option is C) Both 1 and 2.
Statement 1 is correct. While Article 15 prohibits discrimination solely on grounds including place of birth, Article 16(3) is an exception to the non-discrimination principle in public employment (Article 16(2)). It allows Parliament to make laws requiring residence within a state for specific classes of employment or appointments under the state government or local authority.
Statement 2 is correct. Article 15 prohibits discrimination solely on grounds including religion. Article 16(2) prohibits such discrimination in employment. However, Article 16(5) is an exception that permits a law to require that an incumbent of an office in connection with the affairs of any religious or denominational institution or a member of its governing body shall belong to that particular religion or denomination.
These exceptions in Article 16 (clauses 3 and 5) demonstrate that while the Constitution prohibits discrimination on certain grounds, it also provides for specific circumstances where distinctions based on residence or religion (in the context of religious institutions) may be permissible by law, serving particular policy objectives or protecting the unique character of religious bodies.