High Court stays Haryana’s 75% law for reservation to locals in private jobs

What is the News?

Punjab and Haryana High Court has stayed the Haryana government’s law guaranteeing 75% reservation to locals in private sector jobs.

What was the local reservation law passed by the Haryana Government?

Haryana Assembly has passed The Haryana State Employment of Local Candidates Bill, 2020. The Bill provided for 75% reservation for local people in private sector jobs offering a monthly salary of less than Rs 30,000.

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Why was the Bill being opposed?

Firstly, the “sons of the soil” law was in violation of a) Article 14 of the Constitution pertaining to equality before the law b) Article 19 (1)(g) which provides for the protection of certain rights to practice any profession or to carry on any occupation, trade or business and c) Article 16 (2) of the Constitution which provides that no citizen shall be ineligible for or discriminated against in respect of employment on the grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them.

Secondly, the law is against the basic principle of meritocracy that was the foundation for businesses to grow and remain competitive.

What were the Haryana Government’s arguments in support of the law?

The law merely makes a geographical classification, which is permitted under the Constitution.

The law was enacted in the compelling situation of increasing unemployment in the state.

The law does not discriminate against any person on grounds of place of birth or residence, but provides employment to local candidates on the basis of domicile.

Source: This post is based on the following articles 

– “High Court stays Haryana’s 75% law for reservation to locals in private jobspublished in The Hindu on 4th Feb 2022.

– “Explained: What is Haryana’s private sector quota law that the HC has stayed?” published in Indian Express on 4th Feb 2022.

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