Note4Students
From UPSC perspective, the following things are important :
Prelims level: Quota for Locals; Constitutional provisions invoked.
Why in the News?
The Karnataka Cabinet has approved a bill mandating that industries, factories, and other establishments appoint local candidates in 50% of management positions and 75% in non-management positions.
- The bill was cleared in a Cabinet meeting chaired by the Chief Minister.
Key features of the Bill:
- Definition of a Local Candidate:
- Born in Karnataka
- Domiciled in Karnataka for 15 years
- Proficient in speaking, reading, and writing Kannada
- Passed a required test by the nodal agency
- Educational Requirements:
- Must have a secondary school certificate with Kannada as a language, or
- Pass a Kannada proficiency test specified by the nodal agency
- Training and Relaxation Provisions:
- Industries and establishments must train local candidates within three years if qualified locals are unavailable
- Establishments can apply for relaxation if local candidates are insufficient
- The government’s decision on relaxation applications is final
- Local candidates must constitute at least 25% in management and 50% in non-management positions
- Non-compliance penalties range from ₹10,000 to ₹25,000
Do you know?
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Background and Rationale:
- Long-pending Demand:
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- The bill has been passed in response to longstanding demands for 100% job reservation for Kannadigas.
- Earlier in July, Kannada organizations organized rallies in parts of the State, demanding immediate implementation of the Sarojini Mahishi Report.
- Sarojini Mahishi Report:
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- The Sarojini Mahishi report, submitted in 1984 by Mahishi, former Union Minister and the first woman MP from Karnataka, included 58 recommendations.
- The report recommended 100% reservation for locals in group C and D jobs in Central government departments and public sector undertakings (PSUs) in Karnataka.
Reservation for Locals in Jobs: Constitutionality Check
| Provision | Potential Violation | |
| Article 14 | Guarantees equality before the law and equal protection of the laws. | Reservation for locals could create unequal opportunities for non-locals, violating the principle of equality. |
| Article 15 | Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. | Reserving jobs for locals based on place of birth or domicile status may constitute discrimination against non-locals. |
| Article 16 | Ensures equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. | Though it allows reservation for backward classes, it does not explicitly extend this provision to private employment, making mandatory quotas for locals potentially unconstitutional. |
| Article 19 | Guarantees the freedom to move freely throughout the territory of India. | Imposing local reservations could restrict the free movement of people seeking employment opportunities across states, infringing upon their freedom of movement and residence. |
PYQ:[2017] One of the implications of equality in society is the absence of: (a) Privileges (b) Restraints (c) Competition (d) Ideology |
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