Will introduce bill in coming assembly session: Dushyant
PVT SECTOR JOB QUOTA Guv will also have to send the bill to the President: Legal experts
CHANDIGARH: Following Haryana governor’s move to reserve the private sector job quota ordinance passed by the cabinet for the consideration of the President, deputy chief minister Dushyant Chautala on Thursday said it was the prerogative of the governor. Dushyant also said he would follow up the matter with the Union government and the President.
“However, we will be tabling a bill, a replica of the ordinance to provide 75% reservation to local candidates in private jobs, during the assembly session starting on August 26,” said Dushyant, who holds the labour and employment portfolio.
The governor’s move to reserve the ordinance for the consideration of the President is being seen as a setback for Dushyant, whose Jannayak Janta Party (JJP) had made a poll promise to implement the quota.
Dushyant, though, on Thursday said the development will not have any impact on the JJP’S relations with its coalition partner, the BJP. “The proposed law has a clause which gives it an overriding effect over other laws. Probably, that’s why it was sent to the President,” he said.
The law secretary had advised that the proposed law be reserved for the consideration of the President as its Section 23 gave it an overriding effect over other laws and has the potential to be repugnant to an Act of the Parliament.
The second aspect was that provision providing for preference in jobs to the local candidates domiciled in Haryana seemingly was in contravention of Article 14 of the Constitution pertaining to equality before law and Article 19 (1)(g) that provides for protection of certain rights to practice any profession, or to carry on any occupation, trade or business.
Asked about the move of the BJP government in Madhya Pradesh to provide public employment only to local candidates, the deputy chief minister said the constitutional barriers cannot be overlooked.
Responding to a query that the proposed law may die its own death as the BJP government at the Centre has a contrary viewpoint on the issue, Dushyant said he was optimistic about its prospects.
DEPUTY CM: NO BAR ON INTRODUCING A BILL
Legal experts said since it was the prerogative of the legislature and the government to introduce a bill in the assembly, there was no bar on tabling a private sector job quota bill even if the governor has reserved the ordinance for the consideration of the President.
Former Haryana advocate general Ashok Aggarwal said the private sector job quota bill passed by the assembly will be sent to the governor, who will have to reserve it for the consideration of the President.
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 and challenged on the grounds of constitutional validity in the Andhra high court.
THE PROPOSED LAW
Titled Haryana State Employment of Local Candidates Ordinance, 2020, 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 the state.
Employers will also have the option to recruit local candidates from one district to the extent of only 10%. The proposed law also contains a bailout clause for the industry if suitable local candidates are not available for a particular category of industry.