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The Supreme Court has asked for a response from the Centre on Haryana’s appeal against the Punjab and Haryana High Court order, which declared the state’s law providing 75% reservation in private sector jobs as “unconstitutional.
A bench comprising Justices P S Narasimha and Aravind Kumar issued a notice to the Union of India and the Faridabad Industries Association, seeking clarification on the matter.
Solicitor General Tushar Mehta Claims Lack of Reasoning in High Court Verdict
Representing the Haryana government, Solicitor General Tushar Mehta argued that the high court’s decision lacked reasoning, prompting the state to challenge the verdict in the Supreme Court.
The Punjab and Haryana High Court, in its November 17, 2023, judgment, not only declared the Haryana State Employment of Local Candidates Act, 2020, as unconstitutional but also rendered it ineffective from the date it came into force.
The high court, in its 83-page judgment, expressed its opinion that the legislation aimed to create an artificial gap and discrimination against citizens of India. It argued that the state exceeded its authority by restricting private employers from recruiting outside the open market.
The high court emphasized the violation of constitutional morality, introducing a secondary status for citizens not belonging to Haryana. It highlighted the curtailment of fundamental rights related to earning a livelihood.
The Haryana State Employment of Local Candidates Act, 2020, applied to private sector employers with ten or more employees. The provision for 75% reservation in private sector jobs was a significant electoral promise by the ruling coalition partner, Jannayak Janta Party, during the 2019 assembly polls.
