India must address disparities (असमानताओं; difference that is happening due to unfair treatments) between urban and rural areas, and not use reservation as a panacea (रामबाण इलाज; as the only solution to all difficulties)
The issue of reserving private sector jobs for people domiciled (अधिवासित; having a permanent home) within the same State may face its first judicial test soon. The Supreme Court has asked the Punjab and Haryana High Court to decide within four weeks the validity of the Haryana law mandating 75% reservation for local candidates in private sector jobs that pay up to ₹30,000 a month.
Even though the apex court set aside (रद्द करना; declared a decision to be invalid) an interim stay order (अंतरिम स्थगन आदेश; a temporary order of stopping or postponing) granted by the High Court, it was only doing so because the stay was granted without assigning reasons.
It is a settled principle (तय सिद्धांत; a law that is not likely to change) that legislation (विधि-समूह; a group of laws) cannot be stayed unless there is a preliminary finding (प्रारंभिक खोज; information that is collected before an important case or procedure) that it is unconstitutional or suffers from any glaring illegality (स्पष्ट अवैधता; clear or shocking state of being illegal)
There are quite a few issues that arise when the State introduces a quota (नियतांश; limited number of quantities that is officially allowed) in the private sector, especially if it is based on a domicile norm.
Andhra Pradesh and Jharkhand have also introduced such laws, while the ruling DMK in Tamil Nadu had promised 75% reservation in its election manifesto (चुनावी घोषणापत्र; declaration of rules and motives made by a party before contesting election) for last year’s Assembly polls.
Given the bleak (धूमिल/निराशापूर्ण; not encouraging or hopeful) employment situation in the backdrop (पृष्ठभूमि; background of a situation or an event) of the reported loss of millions of jobs during the pandemic, it is no surprise that the leadership in every State seeks to find employment opportunities for its youth.
In some States, employers may find it cheaper to use the services of those from a faraway State, while in others there may be an acute shortage of labour within the local population.
The first hurdle (बाधा; difficulty) that a law such as the Haryana State Employment of Local Candidates Act will face is the constitutional bar (संवैधानिक बार; the whole body of lawyers, the legal profession) on discrimination on the basis of place of birth or residence.
Even though the Constitution allows the Government to prescribe a residential criterion for employment to public posts, it is doubtful whether such a measure can be extended to the private sector. In the Haryana case, it covers companies, societies, trusts, partnership firms and individual employers.
The industry may feel aggrieved (अनुचित व्यवहार के कारण परेशान या क्रोधित; upset or angry at being treated unfairly) that the residential requirement may adversely affect (प्रतिकूल रूप से प्रभावित; negatively work on) the hiring of talent from outside Haryana.
From an individual point of view, the law may impinge (नकारात्मक प्रभाव; to have a negative effect) on the freedom of movement, the right to reside and settle in any part of the country, and the right to carry on any occupation.
Of course, the Act provides for exemption to any employer if an adequate number (पर्याप्त संख्या; satisfactory number or quantity) of local candidates are not available in terms of skill, qualification and proficiency.
And there is a sunset clause: (खंड जो बताता है एक विशिष्ट तिथि के बाद एक कानून प्रभावी होना बंद हो जाएगा; a clause that states a certain law will stop to have effect after a specific date) the Act will cease to operate (संचालन बंद करना; to cause to come to an end gradually) in 10 years. Beyond the question of legality, what is flagged (बताना/चेतावनी देना; to tell people about something that is important or is a problem) by such developments is the state of the economy, especially the labour economy.
Rapid urbanisation and the agrarian situation (कृषि की स्थिति; the situation of the farmers or related to farming) are behind large-scale migration (बड़े पैमाने पर प्रवास; shifting of people in a very big number) in search of employment.
The real issue to address is the widespread disparities (व्यापक असमानताएं; unfair treatment that has spread widely) between urban and rural areas, between advanced States and backward ones.
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