Haryana’s employment reservation law
Context:
The Punjab and Haryana High Court, on November 17, declared the Haryana State Employment of Local Candidates Act, 2020, unconstitutional. This Act, enacted in 2021, aimed to secure 75% reservation for locals in private sector jobs in Haryana.
Relevance:
GS-02 (Government policies and interventions, Judiciary, Fundamental Rights)
Prelims:
Fundamental Rights
Mains Question:
Analyze the constitutional implications and the broader impact of the decision to quash the State Employment laws that provides reservations for locals, with a focus on the right to livelihood and the concept of common citizenship. (250 words)
Dimensions of the Article:
- Haryana State Employment of Local Candidates Act, 2020
- Violation of Fundamental Rights
- National Perspective
- Judicial Intervention
Haryana State Employment of Local Candidates Act, 2020:
- In November 2020, the Haryana government introduced a law requiring 75% of jobs with a monthly salary below ₹30,000 to be reserved for local residents.
- The legislation, applicable to various private entities- including companies, societies, trusts, partnership firms and large individual employers faced challenges, asserting its infringement on constitutional rights.
- The Law however, required employers to register their employees on a government portal and to obtain a certificate of domicile for the local candidates. And this “LOCAL CANDIDATE” could avail the registration by registering on a designated online portal.
Violation of Fundamental Rights:
- The legal challenge contended that the reservation law contravened constitutional guarantees, including Article 19 (right to freedom, including residence and profession) and Article 14 (equality before the law).
- The court, in its ruling, examined the implications on the fundamental rights of citizens and the potential discordance with the foundational principles of the Constitution.
- State’s Defense and Legal Arguments:
- The Haryana government defended the law, emphasizing its intent to safeguard the livelihoods of state residents amid rising unemployment.
- The constitutional provision under Article 16(4), allowing reservations for backward classes, was cited to support the enactment.
- The legal battle unfolded with arguments revolving around the balance between protecting local employment opportunities and ensuring adherence to constitutional principles of equality and non-discrimination.
National Perspective:
- Several states, including Maharashtra, Karnataka, Andhra Pradesh, and Madhya Pradesh, have implemented laws providing reservations for local residents in the private sector.
- Exploring the national landscape provides insights into the diversity of approaches and the potential legal challenges associated with such legislations.
Judicial Intervention:
- The court’s interim order and directives to the Haryana government, coupled with the reasons behind its decisions, offer insights into the legal complexities surrounding the reservation law.
- The Punjab and Haryana High Court’s decision to declare the law unconstitutional hinged on specific constitutional inconsistencies.
- Article 19(1)(g), addressing the right to carry on occupation, trade, or business was voilated as the law imposed unreasonable restrictions on the employers to hire local candidates.
- Additionally, scrutiny of Sections 6 and 8 of the Act unveils concerns related to excessive state control over private employers as it required a mandatory quarterly reports on local candidates and enabling authorized officers to demand verification.
Way Forward:
- There has to be a balance between addressing the rising unemployment situation alongside upholding constitutional principles.
- The tension between the economic imperative of safeguarding local employment and ensuring a level playing field for all citizens necessitates nuanced policy considerations. \
- Crafting laws that foster inclusive economic growth while avoiding infringements on fundamental rights emerges as a key takeaway.
- The broader theme of common citizenship, as envisioned in the Constitution, resonates the need to avoid erecting artificial barriers that divide citizens based on their domicile is emphasized.
- Upholding the spirit of unity in diversity becomes a guiding principle, urging a reevaluation of legislative measures that may inadvertently sow seeds of discord among citizens.
