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Haryana State Employment of Local Candidates Act, 2020 UPSC NOTE

 

  • The Punjab and Haryana High Court has done the right thing by quashing the Haryana State Employment of Local Candidates Act, 2020.

  •  This act provides for 75% reservation to State domiciles in the private sector in jobs that provide a monthly salary of less than ₹30,000. 

  • The court stated that it was beyond the purview of the State to legislate on the issue and restrict private employers from recruiting people from the open market. 

  • Other States such as Andhra Pradesh and Jharkhand have also enacted similar legislation.

  • The Andhra Pradesh High Court observed that the State’s Bill, passed in 2019, “may be unconstitutional”, but it is yet to hear the case on merits. 

  • Workers move to other States seeking job opportunities that are relevant to their skills and abilities. 

  • If States build walls and impose restrictions that prevent job seekers from other States from accessing opportunities, citizens of poorer States will have to eke out a living within their own regions. 

  • This will affect the economy of the entire country. 

  • While legislation that seeks to reserve blue collar jobs for locals is problematic.

  • There is a reason why there is resentment among locals in better-off States over their jobs being taken up by “migrant” workers. 

  • There are more than a few private employers who exploit the migrant labour market as such workers tend to work long hours for low wages with little or no social protection and benefits. 

  • If States are truly concerned about protecting workers’ rights, they should ensure that migrant workers in all establishments enjoy basic labour rights that are legally due to them, thereby creating a level playing field for all workers. 

Is it a violations of Article 14 and Article 19

  • It also held that the Act was violative of equality guaranteed under Article 14 and freedom under Article 19 of the Constitution.

  • The court said that by allotting 75% reservation for “locals”, the Act militates against the rights of citizens of the rest of the country.

  • Such acts could lead to other States coming up with similar enactments, in effect putting up “artificial walls” throughout India

  • It argued that the Act was imposing unreasonable restrictions on workers’ right to move freely throughout the territory of India. 


  • The court termed the requirements on private employers stipulated in the Act as akin to those under “Inspector Raj”.


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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Haryana State Employment of Local Candidates Act, 2020 UPSC NOTE
Haryana State Employment of Local Candidates Act, 2020 UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
https://www.learnerz.in/2023/11/haryana-state-employment-of-local.html
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