‘Jobs for locals only’ laws are unjust

Indian citizens have the right to live and work in any part of the country

It was expected that the Haryana State Employment of Local Candidates Act, 2020, which provided for 75% reservation to state domiciles in the private sector, would be struck down by the court. The Punjab and Haryana High Court has done just that, declaring that it is unconstitutional and beyond the purview of the state’s legislative power. 

The law had sought to reserve 75% of all jobs fetching up to Rs 30,000 a month to local candidates on the argument that the state's youth were losing out in the job market. The court held that a government could not discriminate against individuals merely because they did not belong to a particular state. That would be violative of the constitutional rights of freedom and equality as Indian citizens have the right to work anywhere in the country. If other states came up with similar laws, that would have the effect of erecting “artificial walls” throughout the country. 

The problem with the law is not limited to its constitutional validity. Haryana has a large and developed industrial region adjoining Delhi. It has a cosmopolitan working population from all parts of the country. Companies should have the freedom to recruit skilled workers without consideration about their nativity and domicile because only then can they ensure the best productivity of labour. Enterprises in the state had strongly opposed the law and had warned that they would consider leaving the state if it were implemented. A free job market with easy labour mobility is also needed to ensure that residents of poorer states have the opportunity to migrate to other states for better prospects. Such movement of labour is necessary not only from the economic point of view but also in other respects. They promote better social interaction between people from different states and regions and promote the idea of one nation made up of a diversity of people. 

The initiative for the law was taken by Dushyant Chautala, Deputy Chief Minister and leader of the Jannayak Janta Party (JJP), which shares power with the BJP in the state. The bill, the controversy over it, and its quashing by the court have drawn attention to the problem of unemployment in the state when elections are not far away. The focus should be on improving the skills of the youth so that they become employable. Parochial and protectionist sentiments arise when the problems of joblessness and economic hardship aggravate. The solution is to address them, not to reserve jobs only for locals. Andhra Pradesh and Jharkhand also have similar legislation but the courts are yet to decide on them. The decisions are unlikely to be different.