E-Paper
Haryana assembly session: Dushyant to table private sector job quota Bill in House
The cabinet had in October withdrawn an ordinance approved by it earlier for providing 75% private sector quota.
A Bill providing 75% reservation in private sector jobs in Haryana will be tabled in the two-day assembly session starting on Thursday. JJP leader and deputy chief minister Dushyant Chautala, who piloted the private quota move, is expected to move the Bill in the House in his capacity as labour and employment minister.
The cabinet had in October withdrawn an ordinance approved by it earlier for providing 75% private sector quota. The ordinance though was not promulgated by the governor, who had reserved it for consideration of the President. The Bill replacing the ordinance is expected to be a replica and will also require the assent of the President, officials said.
Article 201 of the Constitution says that the President can either declare that he assents to the proposed law or that he withholds assent. The President can also direct the governor to return it to the House for reconsideration. The move to introduce reservation for local youth in private-sector jobs is on the lines of a law enacted by YS Jaganmohan Reddy government in Andhra Pradesh which has been challenged on the question of constitutional validity in the high court.
The proposed law
The Haryana State Employment of Local Candidates Bill, 2020, the proposed law, aims to provide 75 % employment to local candidates for jobs having salary of less than Rs 50,000 per month in private companies, societies, trusts, limited liability partnership firms, partnership firms etc situated in Haryana. However, employers will also have the option to recruit local candidates from one district to the extent of only 10%. The proposed law also contains an exemption clause if suitable local candidates are not available for a particular category of industry.
Presidential assent required due to overriding clause
The ordinance was reserved for the President’s consideration as its Section 23 gave it an overriding effect over other laws and has the potential to be repugnant to an Act of the Parliament. The clause providing for preference in jobs to the local candidates domiciled in Haryana also was seemingly in contravention of Article 14 of the Constitution pertaining to equality before the law and Article 19 (1)(g), which provides for protection of certain rights to practice any profession, or to carry on any occupation, trade or business. The Constitution does not provide a time limit for the President to give assent to a Bill or withhold it.
