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What is the news?
The Supreme Court has set aside the Haryana High Court order staying the Haryana government’s law reserving 75% of private-sector jobs for residents of the state.
What is the Haryana State Employment of Local Candidates Act, 2020?
What were the arguments against this law?
Firstly, reservation in the private sector has no basis in the Constitution. The law impacts not only employment but the very existence of livelihood.
Secondly, as per settled precedents, there has to be some empirical study showing backwardness of a particular class before providing them reservation. Such a study is totally absent in this case.
Thirdly, if this law is allowed, there would be a far-reaching impact not only in Haryana but across India as it would not stop other States from enacting similar laws which exclude jobs to residents of other States.
What has the Supreme Court said on the Haryana Local Reservation law?
The Supreme Court said that every law passed by the legislature is presumed to be legal. But an order of stay of their implementation by a court of law should be reasoned.
However, the Haryana High Court stayed the law without giving any sufficient reasons. Hence, that’s why the stay has been set aside.
Further, the court ordered the Haryana government to not take any coercive steps against employers for violating the Haryana State Employment of Local Candidates Act.
The Court also requested the Punjab and Haryana High Court to decide this case within four weeks.
Source: This post is based on the following articles:
– “Supreme Court sets aside HC order staying 75% quota for Haryana locals in private jobs” published in Indian Express on 18th Feb 2022.
– “Supreme Court lifts stay on Haryana quota for private jobs” published in The Hindu on 18th Feb 2022