Ball in Haryana governor’s court

While the legal advice tendered by the law secretary or legal remembrancer on the proposed legislation calls for assent of the President, the advocate general says it is not required

CHANDIGARH:: Laden with two divergent pieces of legal advice from the law secretary and the advocate general, the proposed ordinance providing for 75% reservation in private sector jobs has been sent by the Haryana cabinet to governor Satyadeo Narain Arya. The cabinet nod was taken by way of circulation of memorandum of the proposed law.

While the legal advice tendered by the law secretary or Legal Remembrancer (LR) on the proposed legislation called for the assent of the President, while the advocate general says it does not require the presidential assent.

The proposed law had been vetted at least twice by the law secretary after deliberations by the cabinet on January 31 and July 6.

OPTIONS BEFORE THE GOVERNOR

Article 213 of the Constitution empowers the governor to promulgate an ordinance with respect to any matter within the legislative competence of the state legislature, if necessary, after obtaining instructions from the President.

The Haryana governor who has the arduous task of taking a call on the proposed legislation has primarily three options – to go with the advice of the advocate general and give his assent for promulgation of the ordinance, thus, putting the law into effect, secondly return the proposed law with a message for reconsideration to the cabinet and thirdly reserve it for the President’s consideration. The proposed law if reserved for the consideration of the President will go through the scrutiny of the central ministries before the President takes a call.

PRESIDENTIAL ASSENT REQUIRED OR NOT?

Officials said the law secretary’s opinion on reserving the proposed law for consideration of the President is primarily based on two counts.

“There is a provision in the proposed law which gives it an overriding effect over other laws. Such a broad provision has the potential to be repugnant to an Act of the Parliament or an existing law and thereby needs presidential assent. Another provision providing for preference in jobs to the local candidates domiciled in Haryana seemingly is also in contravention of Article 14 of the Constitution pertaining to equality before law,” said an official familiar with the developments.

Referring to the advice tendered by him, advocate general BR Mahajan, however, said the proposed Haryana law did not violate any central law. “It also does not come in conflict with Article 14 of the Constitution,” Mahajan said.

PILOTED BY DUSHYANT

Haryana’s move to introduce reservation for local youth in private-sector jobs is on the lines of a law enacted by YS Jaganmohan Reddy government in Andhra Pradesh which has been challenged on the grounds of constitutional validity in the Andhra Pradesh

high court.

The move is piloted by Dushyant Chautala’s Jannayak Janta Party, the coalition partner of the BJP in Haryana, which had made a poll commitment to provide 75 % quota in private sector jobs to local candidates. The proposed law has not found much support from the BJP quarters. The CM had once sounded non-committal on prospect of enacting such law.

The proposed ordinance titled Haryana State Employment of Local Candidates Ordinance, 2020 provides 75 % of the new employment to local candidates for jobs having salary of less than ₹50,000 per month in private companies, societies, trusts, limited liability partnership firms, partnership firms in the state. Employers will also have the option to recruit local candidates from one district to the extent of only 10%.

THE PROPOSED LAW HAD BEEN VETTED TWICE BY THE LR AFTER DELIBERATIONS BY THE CABINET ON JANUARY 31 AND JULY 6