• By Vivek Raj
  • Fri, 17 Nov 2023 07:19 PM (IST)
  • Source:JND
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The Punjab and Haryana High Court has quashed the controversial Haryana law, mandating a 75% reservation for state residents in private-sector jobs, and called it ‘unconstitutional’. The Haryana State Employment of Local Candidates Act, enacted in 2020, reserved 75% of jobs with a monthly salary under ₹30,000 for individuals holding a domicile certificate. It also reduced the domicile requirement from fifteen to five years.

In the hearing, a bench of Justices GS Sandhawalia and Harpreet Kaur Jeewan termed the act as ‘unconstitutional’.

With less than a year until the Haryana Assembly elections, the court's decision is viewed as a significant setback for the Manohar Lal Khattar-led government. The state is likely to appeal against the judgment.

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The Act was initially proposed by the Jannayak Janata Party, an ally of the BJP in Haryana, led by Deputy Chief Minister Dushyant Chautala.

When Haryana State Employment of Local Candidates Bill in 2020 was introduced, the objective of the legislation was to address concerns about the impact of migrant influx on local infrastructure, housing, and the rise of slums. The government argued that prioritising local candidates for low-paid jobs was “socially, economically, and environmentally desirable”, aligning with the public interest.

The legal challenge against the law was initiated by the Gurugram Industrial Association and other employer bodies, contending that the law infringed upon employers' constitutional rights. They argued that the Act contradicted constitutional principles of justice, equality, liberty, and fraternity. Concerns were also raised about the potential impact on industrial development in Gurugram, a prominent IT hub in India.

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The Punjab and Haryana High Court had previously stayed the Act in February 2022, a decision later overturned by the Supreme Court after an appeal by the Haryana government. The Supreme Court instructed the high court to expedite the resolution of the petitions.