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Private sector quota law quashed: Setback to BJP-JJP govt before 2024 assembly polls
Punjab and Haryana high court’s decision to hold the 75 % private sector quota law enacted by the BJP-JJP government in Haryana as unconstitutional has come as a loss of face for the ruling alliance, less than a year before the state goes for assembly elections.
The Punjab and Haryana high court’s decision to hold the 75 % private sector quota law enacted by the BJP-JJP government in Haryana as unconstitutional has come as a loss of face for the ruling alliance, less than a year before the state goes for assembly elections.
The striking down of the legislation by the HC is a bigger setback to deputy chief minister and JJP leader Dushyant Chautala who had singlehandedly piloted the move despite chief minister ML Khattar of the BJP showing initial reluctance to the plan. The BJP, however, later joined forces with its post-poll ally, the JJP, to push the controversial legislation despite serious objections raised by the state law secretary.
The decision to provide 75% reservations to local candidates of Haryana in private sector industrial and commercial establishments was primarily aimed at wooing young constituents, a poll promise made by the JJP whose 35-year-old leader Dushyant Chautala fancies himself as an automatic choice of youth. With the HC ordering the law as ultra-vires barely a year before the state goes to the assembly polls in 2024, there would be little to cheer in the BJP and JJP camps, fighting anti-incumbency and coalition blues.
Prof Ashutosh Kumar, a political scientist at Panjab University, Chandigarh, said in the rat race to woo voters, politicians nowadays overlook the constitutional and legal aspects while framing public policies and legislations. “At times, there is hardly any consultation or debate. Emphasis is on making populist promises. It happened in the form of decision to grant reservation to Jats,’’ Prof Kumar said.
State went ahead despite Centre’s red flag
A replica ordinance of Haryana State Employment of Local Candidates Bill was approved by the cabinet in July 2020 but was reserved by the governor for the consideration of the President. Though the ordinance was withdrawn by the cabinet in October 2020, the Union Labour and Employment Ministry which examined the ordinance had advised the state government against enacting such a law. The state government, however, did not heed the advice.
While tabling the Bill in the assembly, which replaced the ordinance, the government had modified its Section 23, a provision which gave it an overriding effect over any other law and a broad provision which had the potential to be repugnant to an Act of the Parliament. Section 23 in the Bill was modified to provide overriding effect on any other state law. The issues flagged by the law secretary during the vetting of the proposed law, however, remained relevant, officials said.
Khattar was not convinced initially but succumbed later
The controversial piece of legislation did not find much support from the BJP quarters initially. In fact, chief minister Khattar had once sounded non-committal on the prospect of enacting such a law.
In fact, the law providing for 75% of the new employment to local candidates in private sector jobs never found mention in his budget speech. The quota law though was mentioned in one of the governor’s addresses to the state assembly.
Khattar during a briefing on February 7, 2020, had sounded non-committal on the prospect of enacting a law to provide 75% reservation in private sector jobs to Haryana youth. The draft Bill was also deliberated many times by the cabinet and vetted by the law secretary who had raised objections regarding the constitutional validity of the proposed law. The clause providing for preference in jobs to the local candidates domiciled in Haryana was seen as a contravention of the Constitution.
In fact, two BJP central ministers in separate response to Parliament questions on private sector reservation had replied in the negative. In reply to a query on whether the government proposes to formulate any scheme to implement reservation in appointment in private companies, the then Union minister of state for commerce and industry, CR Chaudhary had told the Lok Sabha in March 2018 that a coordination committee for affirmative action for Scheduled Castes and Scheduled Tribes in the private sector was set up in 2016 by the Department of Industrial Policy and Promotion (DIPP). In accordance with the decisions of the committee, apex industry associations - Confederation of Indian Industry (CII), Federation of Indian Chamber of Commerce and Industry (FICCI) and Associated Chambers of Commerce and Industry of India (ASSOCHAM), prepared a voluntary code of conduct for member companies centered around education, employability, entrepreneurship and employment to achieve inclusion.
Former Union minister of state for social justice and empowerment, Vijay Sampla had in response to an un-starred question on whether the government intends to provide reservation in jobs to persons belonging to the SC/ST category in the private sector had told the Rajya Sabha in May 2016 that there is no such proposal. The state governor also sat on the quota Bill for close to four months before assenting to it.
