The Punjab and Haryana High Court has quashed the Haryana Government law mandating 75 per cent reservation in the private sector for locals of the state, deeming it ‘unconstitutional’.
A bench comprising Justice GS Sandhawalia and Justice Harpreet Kaur Jeewan granted permission in response to a set of petitions filed by the Faridabad Industries Association and others. However, a comprehensive order regarding this matter is yet to be released by the High Court.
One of the petitioners, the Gurgaon Industrial Association, argued that Haryana’s attempt to implement a “Sons of the Soil” policy in the private sector encroached upon the constitutional rights of employers. The contention highlighted that jobs in the private sector rely solely on the skills and cognitive capabilities of employees who, being Indian citizens, possess constitutional rights acquired through education, enabling them to work in any part of the country. The petitioner asserted that the state’s imposition of employing local candidates in the private sector, as per the impugned Act, violated the federal structure outlined in the Constitution of India. They argued that the government cannot act against public interest and favor one class through such legislation.