SC to Hear Haryana’s Plea on Local Reservation | UPSC

Haryana’s plea on local reservation challenges the HC’s verdict on “The Haryana State Employment of Local Candidates Act, 2020.”

Punjab and Haryana’s (HC) rulings:

• HC verdict declared “The Haryana State Employment of Local Candidates Act, 2020” unconstitutional.
• The Act reserves 75% of private sector jobs for Haryana residents with a monthly salary of less than ₹30,000, discriminates against individuals based on their state of residence.
• It violates Article 19(1)(g) of the Constitution that allows citizens the right to practice any profession.
• According to the HC, such discrimination is a form of negativetreatment against citizens from other states and stated that the Act’s restrictions on employers’ freedom could not be justified under Articles 19(5) and 19(6), which only allow restrictions for the general public interest or to protect Scheduled Tribes.
  • Article 19(5) states that the right to freedom of movement and residence could be restricted only on the grounds of – in the interests of the general public and for the protection of the interests of any Scheduled Tribe (STs).
  • Article 19(6) states that the fundamental rights under Article 19(1)(g) can be restricted in following ways- by imposing reasonable restrictions in the interest of the general public and by state monopoly, via laws made by state for either partial or complete monopoly in respect of any trade or business or industry or service.

The Haryana State Employment of Local Candidates Act, 2020:

• The Act applied to industries employing 10 or more persons, including privately managed companies, societies, trusts, and other commercial entities.
• Such industries have to register employees earning under ₹30,000 on a designated portal and submit quarterly reports of local candidates employed.

Ref: Source