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Haryana job quota law: Centre takes no categorical stand, says appropriate for state to respond
The central government has not taken a categorical stand on Haryana government’s law which provides 75% reservation in industries to domiciles of the state
The central government has not taken a categorical stand on Haryana government’s law which provides 75% reservation in industries to domiciles of the state.
Even as the high court had specifically asked the central government to respond to the issues raised by different industry bodies, the central government has told the high court that it is appropriate for the state government to respond to the petitions.
The legal adviser, department of legal affairs, central government, KK Srivastava filed an affidavit in the court on Wednesday submitting that as to whether the legislation bears a reasonable correlation with the objects and reasons sought to be achieved, it is appropriate for the state to clarify this aspect and not the central government, which has been made a pro forma party.
It said Haryana has already submitted to the court that the law has been enacted on a subject which falls within its legislative domain. The question of validity of law has to be decided by the court, the affidavit said.
Meanwhile, justice Ajay Tewari, senior judge on the bench, recused from hearing the case without assigning any reason. Now, the matter will be listed for hearing on Thursday before the bench of justice AG Masih and justice Sandeep Moudgil.
It was on February 3 that the high court had stayed the law. However, acting on the plea from the state government, the Supreme Court had set aside the stay order on February 17 and remanded back the case to the high court to decide it expeditiously.
The pleas against the law were filed by multiple industry bodies including the Gurgaon Industrial Association. The Haryana State Employment of Local Candidates Act, 2020 came into force from January 15.
The law provides 75% reservation to local youth in private sector jobs that offer monthly salary of less than ₹30,000. It covers private companies, societies, trusts and partnership firms. The law will be applicable for 10 years.
The industry bodies have argued that the law is against the provisions of the Constitution and against the basic principle of meritocracy that acts as foundation for businesses to grow and remain competitive.
It will affect the productivity, industrial competitiveness and post-recovery of industries due to Covid-19, the pleas contended, adding that the government, by introducing the policy of “son of the soils”, wants to create reservation in private sector which is an infringement of the constitutional rights of the employees and citizens of India because private sector jobs are based on skills and analytical blend of mind of employees.
The government, on the other hand, has argued that the law merely makes ‘geographical classification’ which is well permitted under the Constitution of India. “It is to protect right to life/livelihood of people domiciled in the state and to protect their health, living condition and their right to employment,” it said.
