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LOCAL JOB LAWS THAT RAISE CONSTITUTIONAL QUESTIONS
What the article is about?
- Talks about the concerns over state job laws.
Syllabus: GS-I Regionalism; GS-II Indian Constitution; GS-III Employment, Poverty
Local Job Laws:
- Haryana State Employment of Local Candidates Act, reserves 75% of jobs in the private sector in the State for local residents.
- Enacted in Feb 2021, came into force in Jan 2022
- The other States such as Andhra Pradesh and Jharkhand have passed similar Bills.
Concerns:
- Constitutional questions:
- Article 19 (1)(g) of the Constitution guarantees freedom to carry out any occupation, trade or business.
- There may be reasonable restrictions “in the interests of the general public”, and in particular related to specifying any professional or technical qualifications, or to reserve a sector for a government monopoly.
- This Act, by requiring private businesses to reserve 75% of lower-end jobs for locals, encroaches upon their right to carry out any occupation.
- The provision of reservation by virtue of domicile or residence may be unconstitutional.
- Article 16 of the Constitution specifically provides for equality of opportunity for all citizens in public employment.
- It prohibits discrimination on several grounds including place of birth and residence.
- Whether 75% reservation is permitted
- In the Indra Sawhney case in 1992, the Supreme Court capped reservations in public services at 50%.
- Breaches the notion of equality of all citizens of India
- Article 19 (1)(g) of the Constitution guarantees freedom to carry out any occupation, trade or business.
- Threatens national unity and leaves the ground for the spread of regionalism
- These laws raise questions on the conception of India as a nation.
- The Constitution conceptualises India as one nation with all citizens having equal rights to live, travel and work anywhere in the country.
- This restriction may also indirectly affect the right to reside across India as finding employment becomes difficult.
- Economic implications:
- There is a chance of an increase in income inequality across States as citizens of poorer States with fewer job opportunities are trapped within their States.
Way Ahead:
- The courts, while looking at the narrow questions of whether these laws violate fundamental rights, should also examine whether they breach the basic structure of the Constitution that views India as one nation which is a union of States, and not as a conglomeration of independent States.
