The Punjab and Haryana High Court has delivered a significant verdict, declaring the controversial Haryana law mandating a 75% reservation for state residents in private-sector jobs as unconstitutional. The Haryana State Employment of Local Candidates Act, passed in 2020, faced scrutiny and legal challenges, culminating in its striking down by the court.
The law, which initially aimed to reserve 75% of private-sector jobs paying less than ₹30,000 per month for residents holding domicile certificates, faced opposition and underwent modifications since its enactment. Despite reducing the domicile requirement from 15 to 5 years, the court found the law unconstitutional.
This ruling, arriving close to the forthcoming Assembly elections in Haryana, is perceived as a substantial setback for the government led by Chief Minister Manohar Lal Khattar. The law was perceived as an attempt to consolidate support from local communities, particularly the Jat community. The state government is anticipated to appeal against this decision, considering its potential impact on political dynamics.
The Act, initially introduced by the Haryana Assembly in November 2020 and subsequently endorsed by the governor in March 2021, was a significant initiative of the Jannayak Janata Party, an ally of the BJP in the state. The Deputy Chief Minister, Dushyant Chautala, championed this law as a promise made during the 2019 Assembly elections.
Objective and Objections: The law’s objective, as stated during its introduction, aimed to address concerns about the strain on local infrastructure due to an influx of migrant workers competing for low-paying jobs. However, various objections arose, including claims that the law infringed upon employers’ constitutional rights and conflicted with principles of justice, equality, and liberty enshrined in the Constitution.
The Gurugram Industrial Association and other employer bodies filed a petition against the law, emphasizing that the law’s ‘sons-of-the-soil’ premise was detrimental to constitutional rights and could hinder Gurugram’s industrial development, especially in the IT sector.
Court Ruling: The legal battle saw several turns, including a stay on the Act in February 2022, later overturned by the Supreme Court. Finally, the Punjab and Haryana High Court, after hearing the petitions, declared the Act unconstitutional, asserting it violated constitutional provisions and was ineffective from its inception.
The court emphasized that the restrictions outlined in the Act were unreasonable and contravened fundamental constitutional principles. The verdict deemed the Haryana State Employment of Local Candidates Act, 2020, ultravires to the Constitution of India.
Sources By Agencies
