75% reservation to locals in private jobs in Haryana
Polity & Governance
16th Nov, 2021
The Haryana government notified that its act of implementing 75% reservation for local people in private jobs with a monthly salary ceiling of ?50,000 will come into force from 15 January, 2022.
What is provided in the Act?
- The act provides for the reservation of 75% of new jobs for local candidates in various companies, societies, trusts, and limited liability partnership firms situated in the state.
- Applicability: The law will be applicable for a period of 10 years.
- The state government also relaxed the residency (domicile) requirement from 15 to five years for a person to get a bona fide resident certificate in the state to provide some flexibility to the private companies in hiring.
- The state government also reduced the upper limit of gross monthly salary for jobs which will come under the ambit of the private sector job quota law.
- As per the official notification, jobs with a gross monthly salary of not more than ?30,000 will be up for hiring from among local candidates.
- The bill passed by the assembly last year capped the gross monthly wages for jobs available for hiring at ?50,000.
Current scenario of Reservation
- The Supreme Court ruling that reservations cannot exceed 50% (which it judged would violate equal access guaranteed by the Constitution) has put a cap on reservations.
- The current scenario of Reservation in India is:
- 15% seats are reserved for Scheduled Castes (SC)
- 5% seats are reserved for Schedule tribes (ST)
- 27% seats are reserved for Other backward classes (OBC)
Can a law be framed for reservation on domicile?
- Yes, but only by the Parliament.
- Article 16(3) in the Constitution empowers Parliament to provide for domicile-based reservation in public employment and jobs with local or any other authority under a state or a Union Territory.
What is ‘Locals First’ Policy?
- This policy implies that jobs that will be created in a state will be first offered to only people who belong to that state i.e., local people.
How is it linked to migration?
- More Indians are also moving across state lines in search of better educational opportunities.
- But despite these newly emerging trails, in a majority of India’s districts, less than one in 10 (or less than 10%) of the urban workforce is an interstate migrant.
Indian Constitution & Migration:
- The Constitution of India guarantees ‘freedom of movement’ and consequently employment within India through several provisions.
- Article 19 ensures that citizens can “move freely throughout the territory of India".
- Article 16 guarantees no birthplace-based discrimination in public employment.
- Article 15 guards against discrimination based on place of birth.
- Article 14 provides for equality before law irrespective of place of birth.