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ARTICLE · 08 FEBRUARY 2022

Interim Stay On Law Enforcing 75% Reservation In Haryana

On January 15, 2022, the government of Haryana had formally notified the Haryana State Employment of Local Candidates Act, 2020 (the "Act") and the Haryana State Employment of Local Candidates Rules, 2021.

IndiaGovernment, Public Sector

1. INTRODUCTION

On January 15, 2022, the government of Haryana had formally notified the Haryana State Employment of Local Candidates Act, 2020 (the "Act") and the Haryana State Employment of Local Candidates Rules, 2021 (the "Rules"), which enforced a 75% reservation requirement in employment for local candidates (i.e., candidates domiciled in the State of Haryana) earning INR 30,000 or less.

While a number of employers in Haryana have completed the registration process under the Act, the enactment of the Act itself has been the subject of significant controversy and opposition from local industrial associations and trade unions. To that end, several industrial associations and other related entities had filed petitions challenging the constitutional validity of the Act before the Punjab and Haryana High Court ("High Court"). The claims made in these petitions include the argument that the Act is in violation of a private employer's constitutional right to

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