HC ruled Haryana's Karnataka-like law 'unconstitutional' in 2023

As the Karnataka Cabinet on Wednesday approved a bill mandating 100% reservation for Kannadigas in the private sector for Group C and D posts, a look at similar laws in other states that didn't pass the court test.

In November last year, the Punjab and Haryana High Court struck down a similar law passed by the BJP-led government in Haryana.

The Haryana government had passed a law that mandated 75% reservation for locals in private sector jobs having a gross monthly salary of less than Rs 30,000. Terming it "unconstitutional", a division bench of the Punjab and Haryana HC had struck down the law.


"It (the state) cannot as such discriminate against individuals on account of the fact that they do not belong to a certain state and have negative discrimination against other citizens of the country," the HC held.

The order further read, "the private employer being a builder, for example, raising a multi-storeyed complex, cannot be asked not to employ a person who is skilled in the work of installation of wood work who might come from a particular area of the country i.e. Kashmir; where this skill has been enhanced, whereas, from another part of the country, labour which is more skilled in setting up the steel frames and buildings are found i.e., Punjab; whereas similar persons with different skills who would be more proficient in just executing the civil work i.e. Uttar Pradesh and Bihar."

The HC further ruled, "It is for the state as such to direct the private employer who it has to employ keeping in view the principles of laissez-faire that the 'lesser it governs, the better itself'".

It added that the powers of the state legislature cannot be exercised to the detriment of national interest or directly encroach upon the power of the Union government.

Aggrieved by the order, the Haryana government, in February this year, had petitioned the Supreme Court. The SC issued a notice on Haryana government's appeal seeking response from the Centre. The top court had assured that the matter will be listed for final disposal soon.

Solicitor General Tushar Mehta, who had appeared for the Haryana government, argued that the judgement under challenge was not well reasoned.

In May 2020, the Andhra Pradesh High Court had observed that the 75% quota for locals in government and private jobs may be unconstitutional. The HC had questioned the then Andhra Pradesh government to explain if the law on quota for locals was enacted as per the Constitution.