Haryana

• 06 Feb 2024

SC notice to Centre Regarding Private Sector Jobs Reservation in Haryana

Why in News?

The Supreme Court sought response from the Centre on a plea filed by the Haryana government against the Punjab and Haryana High Court order declaring as 'unconstitutional' its law providing 75% reservation in private sector jobs to the residents of the state.

Key Points

• The high court had admitted multiple petitions against the Haryana State Employment of Local Candidates Act, 2020,that came into effect from January 15, 2022 and provided 75% reservation in jobs in the private sector to candidates from the state.
  • It covered jobs offering a maximum gross monthly salary or wages up to Rs 30,000.
• The Punjab and Haryana High Court was of the opinion that it is beyond the purview of the state to legislate on this issue and restrict private employers from recruiting from the open market for the category of employees who were receiving less than Rs 30,000 per month.
• The high court had observed that the concept of constitutional morality has been violated by introducing a secondary status to a set of citizens not belonging to the state of Haryana and curtailing their fundamental rights to earn their livelihood.
• It had also stated that there is a bar under the Constitution on discrimination among citizens in matters of employment on the basis of their places of birth and residence.

Note

• Job reservation Bills or laws for domiciles have also been announced in other States including Andhra Pradesh, Madhya Pradesh and Jharkhand.
• The job quota Bill passed in the Andhra Pradesh Legislative Assembly in 2019, also reserved three-fourths of private jobs for locals.

Article 16 (Equality of Opportunity in Public Employment)

• Article 16 of the Indian constitution provides for equality of opportunity for all citizens in matters of employment or appointment to any public office.
• There are provisions for reservation in appointments or posts for any backward class that is not adequately represented in the state services.