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GS-II : Indian Polity Fundamental rights

09 March, 2021
5 Min Read

Haryana reservation of jobs for locals-Son of soil doctrine

Introduction

Haryana Governor Satyadeo Narain Arya’s assent to a law regulating private sector to recruit 75% of jobs to the locals can affect India’s investment climate and its socio-economic framework.

Details of the Act

The Haryana State Employment of Local Candidates Act of 2020 seeks to ensure that 75% of all jobs with gross monthly salaries of up to 50,000 are provided to the State’s own residents.
States like Andhra Pradesh (AP) passed a similar law in 2019(reserving 75%), and the Madhya Pradesh CM has promised to reserve 70% of private sector jobs.
The law imposes onerous and contentious responsibilities on key personnel of firms in the State, including those with as few as 10 employees.
There are three critical action points for businesses, attached to severe monetary penalties for perceived non-compliance.
- They need to register every employee earning 50,000 on an official portal and employ 75% of locals in such jobs (presumably by removing existing non-Haryanvi employees beyond the 25% limit).
- Most preposterous is seeking exemptions to the law — firms can hire outsiders by proving that local candidates for the desired skill are not available.

Can lead to the revival of Inspector Raj

Officials will decide if a firm can hire an outsider or should train local candidates instead, till they become proficient enough.
Even if this harks back to an ‘Inspector Raj’ system, the process would dissuade employers from operating in the State, thus defeating the idea of boosting local jobs when unemployment is running high.

Impacts

This act goes against the provisions of Article 19(1)(g) and Article 16(2).
It can impact India’s already fragile reputation as a stable, trustworthy investment destination with a talented workforce.
This act runs counter to the Prime Minister’s ‘Ek Bharat Shreshtha Bharat’ and ‘One Nation One Market’ slogans.
Rising unemployment could spur more States to follow suit, and the logic could be extended to internal capital flows next.

Conclusion

It is time the Centre dissuades such legislation which threatens to not only unleash a sort of ‘work visa’ regime for Indians within the country but also damage crucial workplace diversity.
Immobilising a much-vaunted young workforce and rupturing the social fabric with this push for insularity would be the start of an unstoppable slide.

Source: TH

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