Haryana’s private sector job quota law and its fate
CHANDIGARH: The emotive private sector job quota issue in Haryana has become the centerpiece of a debate after an ordinance approved by the BJP-JJP cabinet was reserved for the consideration of the President by the Haryana governor. Steered by BJP’s coalition partner, Dushyant Chautala’s JJP, the proposed law is a politically sensitive matter. Assistant editor Hitender Rao tries to explain the repercussions associated with it.
PVT SECTOR JOB QUOTA ORDINANCE
It provides for 75% of the new employment to local candidates for jobs having monthly salary less than ₹50,000 in private companies, societies, trusts, limited liability partnership firms and partnership firms situated in Haryana.
CONSIDERATION OF PRESIDENT
Governor has acted on the advice of the legal remembrancer. The law officer had advised that the ordinance be reserved for the consideration of the President as it provides for an overriding effect over other laws and has the potential to be repugnant to an act of the parliament.
CONSTITUTIONAL VALIDITY
Since it provides for preference in jobs to local candidates domiciled in Haryana, the ordinance is believed to be in contravention of Articles 14 and 19 (1) (g) of the Constitution. Article 14 pertains to equality before law and Article 19 (1) (g) provides for protection of certain rights to practice any profession, or to carry on any occupation, trade or business.
REPLICA BILL IN ASSEMBLY
The replica bill will replace the ordinance. If passed by the assembly, the bill will be sent to the governor, who will also have to reserve it for the consideration of the President.
IMPLICATIONS OF RESERVING BILL
Article 201 of the Constitution says that the President can either declare that he assents to the proposed law or that he withholds assent. The President can also direct the governor to return it to the House for reconsideration.
TIME LIMIT FOR THE PRESIDENT
The Constitution does not provide a time limit for the President to assent to a bill or withhold it.
POLITICAL IMPLICATIONS
It will be seen as a loss of face for Dushyant Chautala’s JJP, which had made a poll promise to implement it.
VIEWPOINT OF CENTRE
At least two then Union ministers, CR Chaudhary and Vijay Sampla, had answered in negative to Parliament questions about the possibility of reservation in appointments in private companies.
JUDICIAL SCRUTINY
Law experts say the proposed law will not pass the legal test. Former Haryana advocate general Ashok Aggarwal says that domicile can never form the basis of employment. As per him, if public employment cannot be given on the basis of domicile, how can private jobs be. The government is not the employer in private sector jobs, he says.