Haryana's 75% job reservation for locals scrapped by court
The Punjab and Haryana High Court has struck down the controversial Haryana law mandating 75% reservation for residents of the state in private sector jobs, calling it unconstitutional. Under the law, also known as the Haryana State Employment of Local Candidates Act, 2020, 75% of private-sector jobs with a monthly salary of less than Rs. 30,000 are reserved for local residents.
Reservation violative of Part III of Constitution
The bench of Justice GS Sandhawalia and Justice Harpreet Kaur Jeewan said that the "law is unconstitutional and violative of Part III of the Constitution." The state government notified the law in 2021, and at the time, Haryana Deputy Chief Minister Dushyant Singh Chautala said the reservation would greatly benefit the youth of the state.
Act is ultravirus, violative of Constitution: Court
Haryana government wanted to introduce 'Son of Soils' policy: Petitioners
The petitioners, on the other hand, argue that the Haryana government wanted to introduce the "Son of Soils" policy, which violated the constitutional rights of employers and citizens. They contended that private-sector jobs are solely based on the employees' talents and analytical blend of mind, and that the reservation violates the basic principles of merit.
Setback for Manohar Lal Khattar-led government
The decision is seen as a major defeat for the Manohar Lal Khattar government, which enacted the law to consolidate the votes of the local populace, particularly the Jat community. It said that giving preference to local candidates was "socially, economically, and environmentally desirable" and "in the interests of the general public." The Haryana Assembly election is expected in October 2024.
Punjab and Haryana High Court stayed Act in February 2022
The Punjab and Haryana High Court initially stayed the Act in February 2022. However, following an appeal by the Haryana government, the Supreme Court set aside the order, stating that "the court didn't give sufficient reasons for staying the law." Privately managed companies, societies, trusts, limited liability partnership firms, partnership firms, and other commercial entities employing 10 or more people came under the reservation.
