Supreme Court strikes down Karnataka Act validating cancelled 2011 recruitment
The Supreme Court on 29 October 2026 declared unconstitutional a 2022 Karnataka law that had validated the State Public Service Commission's 2011 selection of Gazetted Probationers for 362 Group A and B posts. Both the High Court and the Supreme Court had earlier upheld cancelling that recruitment. Appointments made under the law will end.
Syllabus: GS2 · Constitution; GS2 · Separation of Powers; Prelims · Polity & Governance
Why this matters for UPSC
GS2 polity: separation of powers, Article 16 and State Public Service Commissions. Prelims can ask the Commission's appointment and removal; Mains, limits on validating laws.
Why it matters
An aspirant who sat the 2011 Karnataka examination has waited more than a decade for a settled result, while the State government changed its stand on the selection more than once. Officers who joined under the 2022 law now lose their posts, though those found clean may compete again with an age waiver and without pay for the lost years. The ruling tells every State that a tainted selection cannot be rescued by a vote in the legislature once courts have cancelled it. When an examination is manipulated, the remedy is a clean new examination, so honest candidates get a fair chance and public offices are filled on merit.
Prelims pointers
- Article 14 guarantees equality before the law and equal protection of the laws to any person, while Article 16 covers citizens in public employment.
- Article 16(2) bars discrimination in public employment on grounds only of religion, race, caste, sex, descent, place of birth or residence.
- The Governor appoints State Public Service Commission members, but under Article 317 only the President removes them for misbehaviour, after a Supreme Court inquiry.
- Under the proviso to Article 316(1), about half the members of every Public Service Commission must have held government office for at least ten years.
- Under Article 320, the Commission must be consulted on methods of recruitment to civil services and on the suitability of candidates.
- Article 323A tribunals are set up by Parliament for service matters; Article 323B lets the appropriate Legislature create tribunals for other listed matters.
Practise a UPSC-style question
With reference to equality provisions in the Constitution of India, consider the following statements:
1. Article 16 guarantees equality of opportunity in public employment to all persons in India, including non-citizens.
2. Article 14 bars the State from denying any person equality before the law within the territory of India.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Show the answer
Answer: (b) 2 only
Answer: (b) 2 only. Article 16 speaks of citizens, while Article 14 covers any person.
Statement 1: incorrect. Article 16(1) promises equality of opportunity in public employment to all citizens, not to every person in India.
Statement 2: correct. Article 14 says the State shall not deny to any person equality before the law or the equal protection of the laws within India.
Eliminate: statement 2 is the familiar text of Article 14. Out: (a), (d).
Eliminate: statement 1 widens Article 16 from citizens to all persons. Out: (c).
Trap: Wrong scope. The question gives Article 16 the wider reach that belongs to Article 14, which protects any person, citizen or not.
Remember: Article 14 covers any person; Article 16 covers citizens in public employment.
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