Despite court rulings that reserving jobs for local workers is unlawful, some state governments continue to prioritize nativist attitudes. The Congress government’s cabinet approved the draft Karnataka State Employment of Local Candidates in Industries, Factories and Other Establishments Bill, 2024, but it was then “temporarily withheld” because to opposition from business leaders and trade associations. The Bill required companies and establishments to hire local applicants for 50% of management jobs and 70% of non-management posts, with strict criteria for determining local candidates.
Similar bills were passed in Andhra Pradesh (2019), Haryana (2020), and Jharkhand (2023). The Karnataka Bill includes Kannada proficiency as a requirement for local candidate eligibility, while Haryana and Andhra Pradesh’s rules primarily focus on residency. In 2023, the Punjab and Haryana High Court ruled that the Haryana Act violated equality and freedom under Articles 14 and 19 of the Constitution. The Act violates citizens’ rights and allows states to create “artificial walls” across India.
The Andhra Pradesh Act is still being heard in court, while the Jharkhand Bill has not yet been enacted. The Karnataka Bill violates Article 16(3), which only allows for residence-based reservation in public employment and requires a law approved in Parliament rather than a State Legislature to execute it.
The Karnataka government may be tempted to pass unconstitutional bills promoting local reservation and labor protectionism due to resentment among resident workers in better-off states against migrant workers taking their jobs. Some businesses exploit migrant workers in the private sector, forcing them to work longer hours and for lesser pay without benefits, social safeguards, or political support compared to native workers.
Karnataka should enforce labor rights for both migrant and local workers to ensure a level playing field and prevent exploitative behaviors. Local worker protection and parochialism are not the solution.
ABHISHEK VERMA
Author: This news is edited by: Abhishek Verma, (Editor, CANON TIMES)
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