75% domicile quota for locals in Haryana in the private sector ‘unconstitutional’: Punjab and Haryana High Court

Today, the Punjab and Haryana High Court declared the 75% quota for locals in Haryana in the private sector unconstitutional. The two-judge bench consisting of Justice Harpreet Kaur Jeewan and Justice G.S. Sandhawalia said “law (the Haryana State Employment of Local Candidate Act, 2020) is unconstitutional and violative of the part-III of the Constitution.” The law passed by the state Assembly in 2021, mandates private sector employers in Haryana to reserve 75 percent of new job openings for candidates who are domiciled in the State with a monthly salary of less than 30,000 rupees.

During the court proceedings today (November 17, 2023), the bench decided on four issues which include:

• “Whether the writ petitions are maintainable.
• Whether the State can implement reservation policy in the private sphere.
• Whether the State has legislative competence to pass the Impugned Act in light of Article 35 read with Entry 81 of List 1 of the Seventh Schedule.
• Whether the Act amounts to a reasonable restriction.”