38.6c New Delhi, India, Tuesday, July 02, 2024
Judiciary

Domicile Quota in private jobs: Haryana moves Supreme Court challenging High Court decision

By Mahima Katal      05 February, 2024 05:51 PM      0 Comments
Domicile Quota in private jobs: Haryana moves Supreme Court challenging High Court decision

New Delhi: The Supreme Court has issued notice on the order by Haryana government which challenges the Punjab and Haryana High Court decision to quash a law reserving 75 per cent of private job positions for local candidates in Haryana.

The bench of Justices Aravind Kumar and PS Narasimha orally assured that it would list the matter for final disposal soon.

While striking down the Haryana State Employment of Local Candidates Act, the Punjab and Haryana High Court last year termed it unconstitutional.

The Act, which underwent several changes after it was passed in 2020, provided for 75% of private-sector jobs with a monthly salary or wages of less than Rs 30,000 being reserved for people with a resident or domicile certificate.

The domicile requirement had also been brought down from 15 years to five. The petition against the law was filed in the high court by the Gurugram Industrial Association and other employer bodies.

The petitioners had argued that the sons-of-the-soil concept behind the law was an infringement of the constitutional rights of employers. They had also said that the Act was against the principles of justice, equality, liberty and fraternity enshrined in the Constitution.

Now let’s take a look over several arguments that were made regarding domicile reservation so far:

Arguments Against Providing Reservation Based on Place of Birth

- Article 16 in the Constitution of India refers to equality of opportunity in government jobs.

- Article 16(1) provides for equality of opportunity for all citizens in matters relating to 'employment or appointment' to any office under the State.

- Article 16(2) provides that there cannot be any discrimination on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them.

Arguments in Favour of Providing Reservation Based on Place of Birth

- Article 16(3), allows for making provisions in government appointments with respect to residence (not place of birth).

- The Parliament (and not the legislature of a state) can prescribe residence within a state or union territory as a condition for certain employments or appointments in that state or union territory, or local authority or other authority within that state or union territory.

Notably, some states have been using the loopholes in the laws to reserve government jobs for locals. They have used other criteria like language tests or proof of having resided/studied in the state for a certain period of time.

In Maharashtra, only those living in the state for over 15 years with fluency in Marathi are eligible. In Jammu and Kashmir, government jobs are reserved for “domiciles”. In West Bengal, reading and writing skills in Bengali is a criterion in recruitment to some posts.

Last year, the Govt of Karnataka issued a notification mandating private employers to give “priority” to Kannadigas for clerical and factory jobs in the state.

It is argued that giving preferential treatment to the residents of a state will help in rightful allocation of the resources of the state and would encourage people to work within the boundaries of their state.

This is also seen as a way to stop migration of people from backward states to metropolitans, thereby reducing the burden on such cities.

Court Judgments:

In 2019, the Allahabad High Court struck down a recruitment notification issued by the Uttar Pradesh Subordinate Service Selection Commission, which prescribed preference for women who were “original residents” of the state.

In the Kailash Chand Sharma vs State Of Rajasthan case, 2002, the Supreme Court ruled that residence, be it within a state, district or any other area, cannot be a basis for preferential reservation or treatment.

While the Constitution specifically prohibits discrimination based on place of birth, the Supreme Court, in DP Joshi vs Madhya Bharat case, 1955 has held domicile reservation, especially in educational institutions, as constitutional.



Share this article:

About:

Mahima Katal, journalist with a commitment to high-quality research, writing, and production. Proven...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

The Orissa High Court has been without a permanent chief justice since January 5, 2020 after the retirement of former Chief Justice, KS Jhaveri. The high court is currently headed by acting Chief Justice Sanju Panda.

Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER] Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER]

without commenting on the merits of the case at this stage of investigation and the period of detention he faced in jail, the Court after analyzing all things allowed bail to the accused person ( Jai Ram). Himachal Pradesh High Court, Grant Bail, Justice Anup Chitrakara

How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.? How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.?

SHO Bhardwaj was quick to defend the Maulvi in questioning regarding the Mazar but harassed the reported who sought truth. Why did the SHO have to harass a Media reporter when he was doing his job? Who benefits from this? Why is there a Mazar on a flyover? Why is a Minority Welfare development Board in control of so much property? || #Mazar #SHOBhardwaj #Mazar #Mosque #WaqfBoard #Islam #News #Waqf #RemoveSHOBharadwaj

TRENDING NEWS

first-fir-under-new-laws-filed-in-delhi
Trending Crime, Police And Law
First FIR under new laws filed in Delhi

First FIR under the Bharatiya Nyay Sanhita filed against a street vendor in New Delhi for obstructing a road, highlighting the new criminal code in action.

01 July, 2024 10:57 AM
indias-criminal-justice-system-overhauled-key-10-points
Trending Know The Law
India’s criminal justice system overhauled: Key 10 points

Explore India's revamped criminal laws with 10 key points, replacing British-era codes for faster justice and addressing modern crimes.

01 July, 2024 11:50 AM

TOP STORIES

supreme-court-to-hear-kejriwals-plea-against-delhi-hcs-stay-on-bail-today
Trending Judiciary
Supreme Court to hear Kejriwal’s plea against Delhi HC’s stay on bail today

The Supreme Court will hear Arvind Kejriwal’s plea against the Delhi HC’s stay on his bail in the liquor policy money laundering case today.

26 June, 2024 10:50 AM
after-detailed-order-kejriwal-withdraws-plea-from-sc-against-interim-order-of-stay-on-bail
Trending Judiciary
After detailed order, Kejriwal withdraws plea from SC against interim order of stay on bail

Delhi CM Kejriwal withdraws SC plea against HC’s interim stay on his bail in liquor policy scam, plans fresh challenge.

26 June, 2024 06:07 PM
sc-notice-to-up-govt-on-state-cong-chiefs-plea-to-quash-gangster-act-proceedings
Trending Judiciary
SC notice to UP govt on state Cong chief's plea to quash Gangster Act proceedings

SC issues notice to UP govt on plea by state Cong chief Ajai Rai to quash Gangster Act proceedings, challenging Allahabad HC order denying relief.

26 June, 2024 06:23 PM
dda-not-sharing-info-on-lgs-visit-on-tree-felling-site-sc
Trending Judiciary
DDA not sharing info on LG's visit on tree felling site: SC

SC rebukes DDA for lack of info on LG’s visit to tree felling site, urging immediate transparency and action to protect Delhi’s green cover.

27 June, 2024 01:32 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email