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JOB RESERVATION IN THE PRIVATE SECTOR

Why in the News?

Punjab and Haryana High Court has rightly invalidated the Haryana State Employment of Local Candidates Act, 2020, which aimed at providing 75% job reservation in the private sector for State domiciles earning less than ₹30,000 monthly.

Source : Hindustan Times

Judicial Reasoning

• The court asserted that legislating on job reservations is beyond the state’s authority, emphasizing that the Act violates constitutional principles of equality (Article 14) and freedom (Article 19), creating artificial barriers within India.

Potential Ramifications

• The judgment warns against setting a precedent for other states to enact similar laws, terming it as erecting “artificial walls” and imposing unreasonable restrictions on workers’ mobility across India.

National Implications

• Highlighting instances in Andhra Pradesh and Jharkhand with similar laws, the ruling emphasizes the negative impact on the country’s economy if states restrict job access, particularly for citizens of economically challenged regions.

Balancing Concerns

• Acknowledging resentment over migrant workers, the mains focus should be addressing issues through ensuring basic labour rights for all workers preventing exploitation rather than resorting to protectionist measures.

Anti-Exploitation Stance 

• Advocating against protectionism, the piece argues for protecting workers’ rights universally, aiming for a level playing field where both local and migrant workers enjoy fair labor conditions.

There is a need for states to focus on ensuring basic labour rights for all workers, discouraging exploitative practices by private employers, and rejecting protectionist measures as an inadequate solution to labour market challenges.