UPSC Polity Practice Questions
Target: Mission Prelims 2027
Updated:
Difficulty
Medium
Skill Tested
Conceptual Clarity
Topic Clusters
Evaluate the logical coherence between the following legislative actions and constitutional inferences regarding public employment:
1. Evidence 1: A state government rejects a candidate for a teaching position exclusively because the candidate was born in a neighboring state. Inference 1: This rejection directly violates the general non-discrimination mandate of Article 16.
2. Evidence 2: The Legislative Assembly of Rajasthan passes a law reserving all district administrative jobs strictly for rural residents of those districts. Inference 2: This law is constitutionally valid as states have the autonomous right to manage their internal bureaucratic appointments.
3. Evidence 3: The Union Parliament enacts a statute requiring applicants for a specialized state police force to have resided in that state for five years. Inference 3: This statute is a constitutionally valid exercise of power under the exceptions provided in Article 16(3).
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Correct Option: A
Article 16 generally prohibits discrimination in public employment based on place of birth or residence. However, Article 16(3) provides a critical exception: the Union Parliament, but absolutely not a State Legislature, holds the exclusive power to mandate residence requirements for specific state jobs.
Solution
Consider the following Assertion and Reasons:
1. Assertion (A): A State Legislative Assembly cannot pass a valid law that mandates applicants to be native residents of the state to qualify for local government jobs.
2. Reason (R1): Article 16(3) of the Constitution explicitly delegates the power to prescribe residence requirements for public employment solely to the Union Parliament.
3. Reason (R2): The Constitution prohibits any form of residence requirement for public employment under all circumstances, with absolutely zero exceptions.
Solution
Imagine you are the Chief Minister of a state facing high local unemployment. To appease voters, you draft a bill for the State Assembly that reserves 80% of all state government clerical jobs for individuals who have resided in the state for over ten years. Your Advocate General reviews the bill. What is their correct constitutional advice?
1. Statement 1: The bill is perfectly legal, as states have sovereign control over their own State Public Service Commissions and hiring rules.
2. Statement 2: The bill is unconstitutional because only the Union Parliament holds the legislative authority to impose residence-based qualifications for state employment.
3. Statement 3: The bill is legal only if you change the criteria from 'residence' to 'place of birth', which is permitted under Article 16.
Solution
Consider the following statements regarding equality in public employment under Article 16:
1. 1. It fundamentally prohibits the state from discriminating against job applicants solely on the basis of their descent or place of birth.
2. 2. It allows State Legislatures to autonomously enact laws prescribing residence requirements for highly specialized local government roles.
3. 3. The Supreme Court has historically upheld state-level policies that give explicit preferential hiring treatment to candidates originating from rural districts.
4. 4. The Union Parliament possesses the exclusive constitutional mandate to create exceptions regarding domicile or residence for public jobs.
Solution
🚨 The Examiner's Trap
Since state governments manage their own state public service commissions, candidates falsely deduce that state assemblies hold the legislative power to impose domicile or residence constraints on those jobs.
Concept Flow Mapping
Logic Quest
"If a state wishes to restrict a certain class of government jobs solely to people living within that state, who must pass the law to make it valid?"
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