Gujarat Can't Enact Local Hiring Law Due to Constitution: Minister

Gandhinagar, Mar 6 (PTI) The Gujarat government cannot enact a law requiring industries to give 85 per cent of their jobs to local residents due to certain constitutional provisions, Minister of Labour and Employment Balvantsinh Rajput told the legislative assembly on Thursday.
Responding to a query raised by Congress MLA Tushar Chaudhary, Rajput pointed out that Articles 14 and 21 of the Constitution prevent a state government from enacting a law which mandates that 85 per cent jobs in an industrial unit must be given to locals.
Article 14 of the Constitution guarantees equality and equal protection of the law, while Article 21 guarantees the right to life and personal liberty.
In March 1995, the then-BJP government in the state, through a government resolution (GR), had ordered all commercial entities, including central PSUs and private factories, to hire 85 per cent of their workforce from Gujarat, said Rajput.
Chaudhary wanted to know how many industrial units had violated the GR on local hiring in Sabarkantha and Kheda districts, and what action the government took against such entities. The senior Congress MLA further demanded that the state government implement the resolution strictly so that locals get preference in jobs.
Holding a copy of the Constitution in his hand, Rajput said the government is following the GR, but not enacting a law about local hiring rules because of certain constitutional provisions.
"We can not enact a law in this regard because of provisions in Articles 14 and 21 of the Constitution. The present Karnataka government and past Congress government in Haryana had tried to make a law on local hiring. But they could not enact such a law because of these constitutional provisions," emphasised the BJP minister.
Rajput even offered to give a copy of the Constitution to any MLA who wants to crosscheck his assertion.
He informed the House that the GR was issued in March 1995 when the BJP was in power. As per the GR, industrial units, be it public and private, are required to provide 85 per cent of their total jobs to state natives.
As per the government order, anyone living in Gujarat for over 15 years will be considered as "local".
Senior Congress MLA Shailesh Parmar claimed that provisions of the GR, in force for 30 years, have not been implemented in letter and spirit. He sought to know whether the government would take action against units violating the order on recruitment.
In his response, Rajput said the government makes all possible efforts to see that industries follow the GR on local hiring.