Governor weighs ordinance, its political ramifications

HARYANA PVT SECTOR JOB QUOTA May get more time to deal with the matter if cabinet announces dates for monsoon session

ARYA HAS THREE OPTIONS – TO GIVE NOD FOR PROMULGATION OF THE ORDINANCE; RETURN THE PROPOSED LAW TO THE CABINET FOR RECONSIDERATION; OR RESERVE IT FOR THE PREZ’S CONSIDERATION

CHANDIGARH : Haryana governor Satyadeo Narain Arya seems to have been caught in a dilemma over whether or not to promulgate an ordinance to provide 75% quota in private sector jobs for locals . The state cabinet had sent the proposed law for promulgation to him three weeks ago.

Arya’s predicament stems from conflicting pieces of advice given by state’s top two law officers as well as the political ramifications attached to the issue.

The ordinance is designed on the lines of a law enacted by YS Jaganmohan Reddy government in Andhra Pradesh, challenged on the grounds of constitutional validity in the high court.

The governor may well get more time to deal with the matter if the cabinet on August 13 announces dates for convening the monsoon session. In the event of assembly being convened, the state government will have to table a private sector quota bill in the House, get it through and send it to the governor for assent.

DILEMMA BEFORE ARYA

Under Article 213 of the Constitution, the governor has the powers to promulgate an ordinance or a law when the state assembly is not in session. The dilemma before the governor is that he has to deal with two divergent pieces of legal advice from the law secretary and the advocate general.

While the law secretary has advised that assent of the President should be sought, the advocate general’s advice is to the contrary. “The governor consulted the advocate general and the law secretary again on the matter. But he is keeping his cards close to his chest,” Raj Bhawan sources said.

BIHAR POLL SHADOW

Political analysts said that political implications of implementing a law, which would put migrants from his home state of Bihar at a disadvantage in terms of employment opportunities in private sector, would also weigh heavy on governor Arya’s mind — who himself is an eight-time Bihar MLA — particularly in view of the Bihar assembly polls later this year. The BJP is a coalition partner in the Janta Dal (U) led government in Bihar.

Also, the BJP government at the Centre seems to have reservations on the issue. At least two former central ministers had answered in negative to Parliament questions regarding reservations in private jobs.

The governor has three options – to agree with the advice of the advocate general and give his assent for promulgation of the ordinance, thus putting the law into effect; return the proposed law to the cabinet with a message for reconsideration; or reserve it for the President’s consideration.

Chief minister ML Khattar had recently said governor would take a decision in his wisdom after consulting legal experts.

Deputy CM Dushyant Chautala, who has spearheaded the private quota move, had on Monday met the governor to persuade him to expedite the official proclamation of the proposed quota law.