The Bench comprising Chief Justice NV Anjaria and Justice KV Aravind. The Court declined to entertain the petition, stating that the bill had not yet become law, and therefore, the petition was premature.
Karnataka: The Karnataka High Court today (6th Aug) dismissed a public interest litigation (PIL) petition challenging a bill proposed by the Karnataka Government to reserve 50 to 75 per cent of private sector jobs for Kannadigas.
The Bench comprising Chief Justice NV Anjaria and Justice KV Aravind. The Court declined to entertain the petition, stating that the bill had not yet become law, and therefore, the petition was premature.
The Court remarked, “The legislative proposal in question, which had been reviewed by the Punjab and Haryana High Court, has not yet become law. As such, the current petition is considered premature. For this reason alone, without addressing the substantive issues or forming an opinion on the merits, the petition is dismissed.”
The bill in question, known as the Karnataka State Government Employment of Local Candidates in Industries Bill, 2024, aims to provide reservations for locals in private sector jobs, including positions in industries, factories, and other establishments. It mandates a 50 per cent reservation for locals in managerial positions and a 75 per cent reservation in non-managerial posts.
Karnataka Chief Minister Siddaramaiah clarified on July 17 via a post on X (formerly Twitter) that the bill is still being drafted, and a thorough discussion will be held in the next cabinet meeting before making a final decision.
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The petitioner argued for the bill’s withdrawal until the Court addressed and resolved constitutional issues related to the bill. Additionally, the petitioner requested the Court to prevent the State from enacting the bill as an interim measure.
The petitioner’s counsel highlighted that the bill resembles a law passed by the Haryana government, which was struck down by the Punjab and Haryana High Court in November 2023, for providing a 75 per cent domicile reservation in private-sector jobs.
Despite these arguments, the Court did not delve into detailed submissions. After reviewing the case documents, the Bench dismissed the petition as premature, emphasizing that the bill had not yet become law.
The bill, titled the Karnataka State Government Employment of Local Candidates in Industries Bill, 2024, mandates 50 percent reservation for locals in managerial positions and 75 percent in non-managerial posts.
If enough eligible candidates are not available, the proposed law requires the concerned industry, in collaboration with the State, to train local candidates within three years and employ them.
The bill also provides for the appointment of a nodal agency by the State to implement the provisions of the law.
The Congress government in Karnataka, led by Chief Minister Siddaramaiah, stated that the bill is essential to provide adequate employment opportunities to locals and that it is necessary to provide employment to locals in factories, industries, etc.
The bill defines a local candidate as a person born in Karnataka and domiciled in the State for 15 years. Additionally, the person should speak, read, and write Kannada legibly. The candidates should have a secondary school certificate with Kannada as a language or pass a Kannada proficiency test as specified by the nodal agency.
The bill prescribes a monetary penalty ranging from Rs 10,000 to Rs 1 lakh for isolated or repeated breaches of its provisions. It provides a limitation period of six months for prosecution.
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