MOHINDER SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) THE concept of equality of opportunity in matters relating to Public Employment is enshrined in Article 16 of the Constitution. It provides that all citizens shall have equality of opportunity in matters relating to Public Employment or appointment to any post in the State. Unlike other rights to equality, after equal opportunity has been given to all citizens, the person selected becomes an employee of the State and a part of the machinery for governing the State. H.M. Seervai, in Constitutional Law of India, 4th Edition Volume -I while tracing the historical background of Article 16 writes: - In the United State not only was there no equality of opportunity in the matter relating to Public Employment but it is opposite, the Spoils System prevailed. Far from Public Employment being considered as a matter of right the Spoils System was based on the theory that no -one had the right to Public Employment.

(2.) AFTER reproducing Article II, Sec. 2(2) of the United States Constitution the author writes as under: - The existence of the Spoils System in the United States is relevant, because that system was well known to the framers of our Constitution, and they knew that in the United States the doctrine of equality did not carry with it, as a necessary corollary, the doctrine of equality of opportunity in matters of Public Employment which was governed by the law of master and servant. Consequently, the right was expressly conferred by Art. 16, since we have not adopted the Spoils System.

(3.) WE thus notice the difference between the right to equality in public employment and the Spoils System based on the theory that to the victor belongs the Spoils of victory in the matter of distribution of Public Offices.