Private sector job quota: Haryana guv sends proposed law to President

CHANDIGARH: In a setback to Haryana deputy chief minister Dushyant Chautala’s move to provide 75% quota in private sector jobs to locals, governor SN Arya has reserved the proposed quota ordinance approved by the cabinet for the President’s consideration.

Piloted by Chautala who is BJP’S ally in Haryana, the proposed law did not find much support from the BJP quarters. In fact, chief minister ML Khattar had once sounded non-committal on the prospect of enacting such a law. Arya’s move to reserve the proposed law for the President’s review, thus, has the potential to sour the relations between the two allies.

As per the Constitution, the governor has the powers to promulgate an ordinance when the state assembly is not in session. But he can also refuse to do so and refer it to the President.

The ordinance would go through time-consuming scrutiny of central ministries before the President takes a final call on it.

TOOK LAW SECY’S ADVICE

Faced with contrary pieces of advice from the law secretary and the advocate general, Arya seems to have agreed with the former’s counsel.

The law secretary’s advice on referring it for presidential review was based on two counts. “Section 23 of the ordinance gives it an overriding effect over other laws. Such a broad provision has the potential to be repugnant to an Act of the Parliament and thereby needs presidential assent. The provision for preference in jobs to the candidates domiciled in Haryana is seemingly in contravention of Article 14 of the Constitution pertaining to equality before law and Article 19 (1)(g), which provides for protection of certain rights to practice any profession, or to carry on any occupation, trade or business,” said an official.

The AG however said the proposed rule did not violate any central law or come in conflict with Article 14.

POLITICS BEHIND THE MOVE

It came as a surprise that Arya despite knowing well that an assembly session has been convened from August 26, chose to reserve the ordinance for the President’s consideration, instead of waiting for the assembly to replace it with a Bill. The answer probably lies in the viewpoint of BJP government at the Centre.

At least two former central ministers had answered in negative to Parliament questions about possibility of reservation in appointments in private companies.