The correct option is 2 and 3 only.
Explanation
Article 16 of the Indian Constitution guarantees equality of opportunity in matters of public employment. Article 16(4) is an enabling provision that empowers the State to provide affirmative action (reservations) to ensure substantive equality for backward classes of citizens.
Statement-wise Analysis
- Statement 1 is Incorrect. Article 16(4) is not considered a violation of the Right to Equality. The Supreme Court, in landmark judgments such as State of Kerala v. N.M. Thomas (1976) and Indra Sawhney v. Union of India (1992), clarified that Article 16(4) is not an exception to Article 16(1) but a facet of it. It is a means to achieve real and substantive equality by uplifting backward classes.
- Statement 2 is Correct. The text of Article 16(4) explicitly empowers the State to make provisions for the reservation of appointments or posts in favor of "any backward class of citizens."
- Statement 3 is Correct. The power under Article 16(4) is conditional. The State can exercise this power only if, in its opinion, the backward class in question is "not adequately represented in the services under the State."
Key Takeaway
Key Takeaway: For reservation under Article 16(4), two conditions must be satisfied: the group must be a "backward class of citizens," and the State must be of the opinion that the class is "not adequately represented" in state services.