23 Nov 2023: UPSC Exam Comprehensive News Analysis

23 November 2023 CNA
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TABLE OF CONTENTS

A. GS 1 Related
B. GS 2 Related
INDIAN CONSTITUTION AND SOCIAL JUSTICE
1. Haryana’s employment reservation law
C. GS 3 Related
D. GS 4 Related
E. Editorials
ECONOMICS
1. Listen to the people, not the numbers
SOCIAL ISSUES
1. Reporting animal cruelty makes children safer
F. Prelims Facts
1. CoP28 turns attention to potent methane emissions
G. Tidbits
1. SoI, private firm to create 3D maps of cities, towns
2. Bihar Cabinet approves resolution demanding special status for State
H. UPSC Prelims Practice Questions
I. UPSC Mains Practice Questions
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Category: INDIAN CONSTITUTION AND SOCIAL JUSTICE

1. Haryana’s employment reservation law

Syllabus: Indian Constitution: historical underpinnings, evolution, features, amendments, significant provisions, basic structure doctrine; Social Justice: Welfare schemes for vulnerable sections of the population by the Centre and the States and the performance of these schemes

Mains: Reservation Policies in India, Constitutional Rights and Guarantees and Employment Laws.

Context

The Punjab and Haryana High Court has struck down Haryana’s 75% job reservation law for locals in the private sector, citing constitutional concerns and infringement of fundamental rights.

Introduction

  • The Punjab and Haryana High Court declared the Haryana State Employment of Local Candidates Act, 2020, unconstitutional, which mandated 75% reservation for locals in private sector jobs.

Haryana’s Reservation Law

  • Haryana State Employment of Local Candidates Act, 2020 mandated private employers in Haryana to reserve 75% of jobs with a monthly salary below ₹30,000 for local residents.
  • It is applied to various private entities, including companies, trusts, societies, partnerships, and limited liability partnerships.
  • A ‘local candidate’ was defined as someone domiciled in Haryana for the past five years, with mandatory registration on a designated portal for job benefits.
  • Exemptions were allowed if suitable local candidates were not found, subject to government approval.
  • Violating the Act could result in fines ranging from ₹10,000 to ₹2 lakh.

Legal Challenges:

  • Industry associations challenged the law, asserting violations of constitutional articles, including Article 19 (freedom to reside and settle) and Article 14 (equality before the law).
  • The law was deemed to create distinctions between individuals domiciled in different states, contradicting the concept of common citizenship.

State’s Defence

  • The Haryana government argued that the law aimed to protect locals’ livelihoods in the face of rising unemployment.
  • Cited Article 16(4) of the Constitution, asserting the state’s power to provide reservations for any backward class not adequately represented in public employment.

Similar Laws in Other States

  • States like Maharashtra, Karnataka, Andhra Pradesh, and Madhya Pradesh have enacted laws providing reservations for local residents in the private sector.
  • The Andhra Pradesh law faced a constitutional challenge, but the matter is yet to be heard on its merits.

Supreme Court’s Intervention

  • The Supreme Court initially stayed the law in February 2022, but later set aside the stay, directing the High Court to expedite the case.
  • The Haryana government was instructed not to take coercive actions against companies during the pendency of the matter.

High Court’s Decision

  • The court ruled the law unconstitutional, impairing the right to carry on occupation, trade, or business under Article 19(1)(g) of the Constitution.
  • It emphasised that the law created artificial walls, discriminating against individuals based on their state of origin.
  • Referring to Article 35, the court highlighted that only Parliament, not State legislatures, can legislate on matters falling under Article 16(3) (equality of opportunity in public employment).
  • Sections 6 and 8 of the Act were criticised for imposing undue restrictions on private employers, amounting to an ‘Inspector Raj.’

Nut Graf: The court’s ruling, based on constitutional grounds, invalidates Haryana’s law mandating 75% job reservations for local residents in the private sector, deeming it a violation of fundamental rights.

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