CHANDIGARH: The Punjab and Haryana High Court today set aside a law mandating 75% reservation in the private sector for local residents of Haryana, deeming it unconstitutional. The verdict was pronounced by Justices G S Sandhawalia and Harpreet Kaur Jeewan. The court decision is a major setback for the deputy chief minister Dushyant Chautala as he pressed for the law. His party, the Jannayak Janata Party (JJP), credited itself for implementing the law. The JJP is the junior alliance partner of the BJP in the state government.
The division bench quashed the Haryana State Employment of Local Candidates Act 2020 while hearing several petitions filed by the Faridabad Industries Association and others. Senior advocate Akshay Bhan, one of the counsels for the petitioners, said the bench quashed the complete Act. He said the petitioners argued that the law violated Articles 14 and 19 of the Constitution.
“We are of the considered opinion that the writ petitions are liable to be allowed and The Haryana State Employment of Local Candidates Act, 2020 is held to be unconstitutional… It is in violation of Part III of the Constitution of India and is accordingly held ultra vires and the same is ineffective from the date it came into force,” according to the court order.
The petitioners submitted the state government wanted to create reservations in the private sector by introducing a policy of “sons of the soils”, which infringed on the constitutional rights of the employers. It was stated that private sector jobs were based on skills and an analytical bent of mind of employees who are citizens of India having constitutional rights on the basis of their education that helps them work in any part of the country.
“The respondent forcing the employers to employ local candidates in the private sector violates the federal structure of the Constitution. Therefore the government cannot act contrary to public interest and cannot benefit one class through such legislation,” said the petitioners. The order was reserved on October 19 and listed for pronouncement for today.
The Haryana State Employment of Local Candidates Act, 2020 was passed by the state assembly on March 2, 2021, before being approved by the Governor. A notification was issued by the state labour department on November 6, 2021. It provided 75% reservation for the locals in private sector jobs.