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Posted 06 Feb 2024

Updated 22 Mar 2024

2 min read

  • In November, 2023 Punjab and Haryana High Court quashed Haryana State Employment of Local Candidates Act, 2020. 
    • Court declared Act as unconstitutional and violative of Part III (Fundamental rights) of the Constitution of India.
  • Act provided 75% reservation to locals in private sector jobs (having monthly salary of less than Rs. 30,000).
  • Other States like Andhra Pradesh (2019) have also enacted similar acts.

 

  • Why states are pushing for local Reservation in the Private Sector?
    • Private sector is the biggest job creator, thus reservation can fulfill the commitment to social justice. 
    • States like Haryana are facing high unemployment  rate.
      •  Also, mechanization in agricultural is pushing local people toward private sector jobs. 
    • The private sector, benefits from the government ie. tax concessions, cheaper loans etc. thus, can be asked to implement affirmative policy. 

 

  • Concerns Raised
    • Violates Article 14, 16 (Right to equality) and 19 (5) (Right to freedom to practice any profession, or to carry on any occupation, trade or business).
    • It may push businesses to migrate (due to lack skill workforce).
    • Fuels sons-of-the-soil syndrome (preferring locals) in other states as well.
    • Other: Against the fundamental principle of merit, etc. 
  • Tags :
  • private jobs
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