The recent move by the Siddaramiah-led Cabinet in Karnataka to pass a bill reserving private sector jobs for locals has sparked significant controversy and echoes previous attempts by other states like Andhra Pradesh, Haryana, and Jharkhand to implement similar policies.
In Andhra Pradesh, the state assembly passed The Andhra Pradesh Employment of Local Candidates in Industries/Factories Bill in 2019, which aimed to reserve 75% of jobs in industries for local candidates with a monthly salary cap of Rs 30,000. However, this legislation faced legal challenges, and in 2020, the Andhra Pradesh High Court raised concerns over its constitutionality, putting its implementation on hold.
Similarly, in 2020, Haryana enacted a law reserving 75% of jobs in the private sector paying up to Rs 30,000 per month for local job-seekers. This move was challenged in the Punjab and Haryana High Court by industry associations, arguing that it violated constitutional principles of equality and interfered with the autonomy of private businesses. The court ultimately struck down key provisions of the law, criticizing them as overly restrictive and akin to "Inspector Raj."
In Jharkhand, the state government under Hemant Soren attempted to pass a domicile bill in December 2023, proposing 100% reservation for locals in Class-III and Class-IV state government jobs. However, this bill faced rejection from the Governor, who cited concerns over its compliance with constitutional provisions guaranteeing equality. Despite the government's attempt to reintroduce the bill unchanged, it has yet to become law due to ongoing legal and constitutional challenges.
The Supreme Court has been actively involved in examining the legality of such quota laws, including those from Haryana, Andhra Pradesh, and potentially Jharkhand. These cases are pivotal as they will determine whether such state-level legislation can withstand constitutional scrutiny, particularly regarding fundamental rights and the rights of private enterprises to operate without undue interference.
In light of these legal battles and constitutional concerns, the Karnataka government's decision to halt its proposed job reservation bill underscores the complexity and contentious nature of implementing quotas in private sector employment across India.
