Legal Provisions Governing Recruitment & Selection In Public And Private Employment?

In the case of public employment; Article 16(1) of the Indian Constitution guarantees equality of opportunity to all citizens” in matters relating to employment” or “appointment to any office” under the state. According to Article 16(2), no citizen can be discriminated against on the grounds of religion, race, caste, sex, descent, place of birth or residence, or anyone of them.

Adherence to the rule of equality in public employment is a being feature of our Constitution and the rule of law is its core. The recruitment rules are to be framed with a view to give equal opportunity to all the citizens of India entitled to being considered for recruitment in vacant posts.

No specific rules exist which govern the recruitment, interviewing, screening, and hiring procedure to be followed by companies in the “private sector”. The employer is free to devise its own policies regarding appointment procedures.

The recruitment policy so devised, however, should not violate the fundamental rights (such as right to privacy, right to equality, etc.) of the applicants. Before employing a candidate, the employers in India generally conduct pre-employment inquiries and background checks in order to ascertain the suitability of the applicant for the job. No specific laws concerning such inquiries exist in India.

The Child Labor (Prohibition & Regulation) Act, 1986, and Article (24) of the Indian Constitution say that No child below the age of fourteen years shall be employed.

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