The issue of reserving State government jobs for domiciled residents should not be viewed from an emotional angle since globalisation and privatisation have become the order of the day, says Justice K Chandru, retired judge of Madras High Court.
In connection with the ongoing discussion, he refers to a case that came up before a British Judge in 1951, to drive home the point that government jobs cannot be reserved only for locals. He elaborates, after the Constitution of India came into force in 1950, Dravidar Kazhagam (DK) staged an agitation in front of Chellaram, a shop, owned by North Indians in Chennai.
The demand was that North Indians vacate Tamil Nadu. Those who participated in the protest were imprisoned for six months. There were farmers from Thanjavur district among those jailed. They moved a petition against their imprisonment.
The case was heard by the British Judge Edmond Elmar Mack (1949-1956). The Indian counsels justified the agitation stating that India’s Independence was won on the plank of driving away the Britishers and how come asking the North Indians to leave Tamil Nadu be construed as wrong.
Justice Mack ruled that after Independence, India became one country according to the Constitution and one can reside and move freely to any part of the country.
He thereby termed the agitation illegal. As such, we should not look at this issue from an emotional angle. If challenged, the Supreme Court will strike it down, he notes.
The judgment would apply to the present scenario too, since the Fundamental Rights enshrined in the Constitution have not been changed. Referring to a Tamil adage, Chandru says, Thirai Kadai Odiyum Thiraviyam Thedu (seek wealth even by riding the waves) shows the broader vision of Tamils since a long time and even today, Tamils continue live by these words.
He also points out that of the total Indian population, around 3.5 to 4 per cent are migrant workers, which has come to the fore due to the pandemic. The lockdown has driven back migrants to their parent States.
“Without migrants, works in sectors like construction and production have come to a standstill. But people don’t demand that only locals be hired for construction works. While the private sector can employ people from any State and the demand that State governments should only employ locals will not have the sanctioning of the Constitution,” he says.