Reservation for natives in states: Is it really valid or not?

Reservation for natives in states: Is it really valid or not?

Providing employment opportunities to the people is the main agenda for every government, which get elected in all states of India. Almost all the governments work to give more employment chances for their local people, in one way or other way. But still, the Constitution of India, do not have any provisions for reservation for local residence, in any sector. Now, many chief ministers are trying to move plans for making reservations for local young people, in jobs including the ones in private sector.

The central government, in recent years is trying to make India united, mainly in the terms of market. Goods and Services Tax, shortly known as GST was also established as a part of this notion of the central government. But still, many chief ministers are opposing GST, mainly by stating that employment opportunities for local residents are needed than enacting GST. GST guarantees equality of opportunity for employment throughout the country as a whole. Thus the CMs wish for destroying the law and imposition of local reservation for works, including that in private sector.

The chief minister of Andhra Pradesh, Jagan Mohan Reddy, is now searching the ways to provide 75% reservation to people who reside in the state, in all jobs. He states that, GST is not necessary, since it consider whole India as one market. But still, many people oppose Reddy’s idea, by stating that it is like promoting discrimination of people, based on the place of birth, which is completely against the rights guaranteed by the Constitution. Similarly, Madhya Pradesh CM, Kamal Nath has also made reservation for local young people, for about 70% jobs in private sector.

When we look into the constitutional validity of these reservations, we can find out that it is purely against the concepts provided in the constitution, as well as against the advises made by the Supreme Court of India. The constitution states that there shall be no discrimination based on the place of birth. Also, the Supreme Court, which is the apex judiciary of India, also stated that reservation should come only under 50%. But when we look in to the cases of these states, w can find out clear ignorance of these rules.

Even though the constitution stands for no discrimination, it also allows making some discriminatory laws, in relation with minorities and backward communities. These discriminations are positive ones, which is to maintain equity in the country. But, neither Madhya Pradesh nor Andhra come under the categorization, where such discrimination is permitted. This is the reason which creates opposition against the actions of Chief Ministers among the rest of the nation.

However, these invalid reservation policies by authorities, without having proper knowledge on the constitution and judicial rules are a real threat to the peace and harmony of the nation. These policies will definitely lead to unrest in the country, since many qualified workers will be denied just because of being non-native in the state. The experts on political and administrational subjects are looking forward for the action of Supreme Court in this reservation plans.

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