SC seeks Centre’s response on Haryana’s appeal against HC quashing 75% job quota
New Delhi: The Supreme Court on Monday sought a response from the central government regarding the Haryana government’s appeal against a high court ruling in which it had declared the state’s law offering 75 per cent reservation in private sector jobs to residents as “unconstitutional.”
Justices P S Narasimha and Aravind Kumar issued a notice to the Union of India and the Faridabad Industries Association in response to the appeal. Solicitor General Tushar Mehta, representing Haryana, argued that the high court’s verdict lacked proper reasoning.
The Haryana government challenged the high court’s order of November 17, 2023, which deemed the “Haryana State Employment of Local Candidates Act, 2020” unconstitutional and unenforceable. In its 83-page judgement, the high court stated, “The Act violates Part III of the Constitution, and we hold it to be ineffective from the date it came into force.” The court admitted multiple petitions against the Act, which came into effect in January 2022 and mandated 75 per cent reservation in private sector jobs for state residents earning up to Rs 30,000 monthly.
The high court found the legislation discriminatory, stating, “It creates an artificial gap and discriminates against Indian citizens,” noting that the state cannot restrict private employers’ hiring practices for such positions.
The high court emphasised the principles of laissez-faire, stating, “It is not for the state to direct the private employer who it has to employ.” It asserted that the state cannot discriminate against individuals based on their origin and cannot force private employers to hire local candidates, as it would lead to similar enactments across the country. The high court criticised the violation of constitutional morality, introducing secondary status for citizens not belonging to Haryana and curbing their fundamental right to earn a livelihood. It highlighted the constitutional bar on discrimination in employment based on birth and residence.
The act applied to private sector employers, including companies, societies, trusts, limited liability partnership firms, partnership firms, and any person employing 10 or more individuals in Haryana. The provision for 75 per cent reservation in private sector jobs for state residents was a significant electoral promise of the Jannayak Janta Party, a ruling coalition partner, during the 2019 assembly polls.with agency inputs
