- Article 14 guarantees equality before the law and equal protection of the laws. This principle allows for reasonable classification for the purpose of legislation, enabling the state to make special provisions for disadvantaged groups to achieve substantive equality. Physically challenged persons form such a group. - Article 16(1) guarantees equality of opportunity in matters of public employment. This right is interpreted to allow for affirmative action measures, like reservations, to address historical disadvantages and ensure that marginalized groups, including persons with disabilities, have a fair chance in public employment. - Articles 15(4) and 16(4) specifically deal with reservations for Scheduled Castes, Scheduled Tribes, and Socially and Educationally Backward Classes. They are based on social and educational backwardness, not physical disability. - Article 16(6) deals with reservations for Economically Weaker Sections (EWS). Therefore, the constitutional justification for reservations for persons with disabilities stems from the broader principles of equality and equal opportunity enshrined in Articles 14 and 16(1), allowing the state to take affirmative steps for their inclusion and advancement.
Under which Article of the Constitution of India can reservations for physically challenged persons be justified?
Asked in UPSC Combined Section Officer 2019 20 · Topic: Fundamental Rights (Right to Equality (Articles 14-18))
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