Examining the Constitutional Validity of Job Reservation Laws

Constitutional Challenges to Job Reservation Laws in India

In recent years, several states in India, including Andhra Pradesh, Karnataka, and Haryana, have enacted laws aimed at reserving private sector jobs for local residents. One such legislation, the Haryana State Employment of Local Candidates Act, 2021, mandates that 75% of private-sector positions with salaries under ₹30,000 per month be allocated to locals for a period of ten years. This initiative aims to mitigate the influx of migrants, which can overburden local resources and contribute to the proliferation of slums.

Constitutional Challenges

The introduction of job reservation laws has sparked various constitutional challenges, primarily based on the following articles:

• Article 14: This article guarantees equality before the law. The reservation of jobs for locals might be viewed as discriminatory against non-residents.
• Article 16: This article ensures equal opportunity in public employment. It stipulates that only Parliament has the authority to enact laws favoring local residents in public jobs, not state legislatures.
• Article 19(1)(g): This article grants citizens the right to practice any profession or business. Job reservations in the private sector could infringe upon this right by restricting opportunities for non-locals.
• 50% Reservation Limit: The Supreme Court has established that reservations should not surpass 50% unless justified by exceptional circumstances. The law in Haryana, requiring 75% reservation, exceeds this limitation.

Court Ruling

As of now, the Supreme Court has not declared any state law reserving private sector jobs for locals unconstitutional, yet it has indicated that such laws may face challenges in that regard. Recently, the Punjab and Haryana High Court examined the Haryana State Employment of Local Candidates Act, 2021, and ultimately struck it down. The court ruled that reserving 75% of private sector jobs for locals was unconstitutional.

Conclusion

In conclusion, state laws that reserve private sector jobs for local residents encounter considerable constitutional challenges, primarily related to equality, restrictions on public employment, and the fundamental right to work. The recent ruling against Haryana's law underscores these issues, highlighting the necessity for such policies to align with constitutional principles.