News: Haryana has recently introduced Haryana State Employment of Local Candidates Act that mandates 75% reservation for local candidates in private sector jobs that pay up to ₹30,000 a month. In a recent order, the Supreme Court has asked the Punjab and Haryana High Court to decide the validity of the law.
What have been the developments in the case?
Supreme court has removed the stay order granted by the High Court as the stay was granted without assigning reasons.
And there is a set rule that legislation cannot be stayed unless there is a preliminary finding that it is unconstitutional or suffers from any glaring illegality.
Why Haryana State Employment of Local candidates Act can face several challenges?
Discrimination: The first hurdle that this law such may face is the constitutional bar on discrimination on the basis of place of birth or residence. Even though the Constitution allows the Government to prescribe a residential criterion for employment to public posts, it is doubtful that such a measure can be extended to the private sector.
Objection from Industry: The industry may feel aggrieved that the law may adversely affect the hiring of talent from outside Haryana.
Individual liberty: Law may impinge on the freedom of movement, the right to reside and settle in any part of the country, and the right to carry on any occupation.
What is the way forward?
Rapid urbanisation and the agrarian situation are behind large-scale migration in search of employment.
The real issue to address is the widespread disparity between urban and rural areas, between advanced States and backward ones.
Temporary measures like reservation are not the long term solution.
Source: This post is based on the article “Wrong solution-on Rural -Urban divide” published in The Hindu on 19th Feb 2022.
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