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The Supreme Court has recognized the 'right to be considered for promotion' as a judicially evolved constitutional principle.
This right is not an explicit fundamental right but is derived from the constitutional guarantees of equality, specifically Articles 14 and 16.
It mandates that public employers must establish a fair, transparent, and non-arbitrary mechanism for evaluating eligible candidates for promotion.
Denial of this right to eligible employees amounts to a violation of equality of opportunity in public employment.
These are principles or rights that are not explicitly enumerated in the Constitution but are interpreted and recognized by the judiciary, particularly the Supreme Court, as inherent parts of existing constitutional provisions. They expand the scope and meaning of fundamental rights and other constitutional guarantees to adapt to contemporary societal needs and ensure justice. The 'right to be considered for promotion' is one such principle, derived from the broader right to equality.
Simple Analogy: Imagine a house (the Constitution) with clearly defined rooms (explicit rights). The judiciary, through interpretation, might recognize that certain essential pathways or amenities (evolved principles) are implicitly part of the house's design, even if not explicitly drawn on the blueprint, to make it fully functional and fair for its residents.
Guarantees equality before the law and equal protection of the laws. The right to be considered for promotion ensures that there is no arbitrariness or discrimination in the process of career advancement in public employment.
Guarantees equality of opportunity in matters of public employment. The right to be considered for promotion is a direct extension of this, ensuring that all eligible candidates are fairly evaluated for higher positions, preventing denial of opportunity.
The right to be considered for promotion is fundamentally rooted in the principle of equality, particularly equality of opportunity in public employment (Article 16), ensuring non-discrimination.
The evolution of this right highlights the significant role of the judiciary in interpreting and expanding constitutional provisions to protect citizens' rights and ensure justice and good governance.
This principle forms a crucial part of the legal framework governing public employment, influencing service rules, promotion policies, and administrative decision-making processes.
GS Paper 2 - Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure. Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein. Separation of powers between various organs dispute redressal mechanisms and institutions.
General Awareness - Indian Polity & Constitution.
General Awareness - Indian Constitution.
General Awareness - Indian Polity.
General Awareness - Indian Polity & Constitution.
Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?
Answer: Article 21 and the freedoms guaranteed in Part III
'Right to Privacy' is protected under which Article of the Constitution of India?
Answer: Article 21
What is the position of the Right to Property in India?
Answer: Legal right available to any person
Medium to High, especially for UPSC, as judicial pronouncements on fundamental rights and constitutional interpretation are frequently tested.
A constitutional principle or right recognized by courts through interpretation of existing constitutional provisions, rather than being explicitly stated in the text.
The constitutional guarantee under Article 16 ensuring fair and equal chances for all citizens in matters relating to employment or appointment to any office under the State.