Gujarat Minister Balvantsinh Rajput Discusses Local Hiring Law Restrictions Due to Constitutional Provisions

The Gujarat government is unable to pass a law mandating 85% of jobs in industries for local residents due to constitutional constraints, as stated by Minister of Labour and Employment Balvantsinh Rajput. During a legislative assembly session, Rajput explained that Articles 14 and 21 of the Constitution prevent such legislation. Article 14 ensures equality before the law, while Article 21 protects the right to life and personal liberty.

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Constitutional Constraints on Local Hiring

In March 1995, the BJP-led state government issued a government resolution (GR) requiring commercial entities, including central PSUs and private factories, to hire 85% of their workforce from Gujarat. Congress MLA Tushar Chaudhary questioned how many industrial units in Sabarkantha and Kheda districts violated this GR and what actions were taken against them. He urged strict implementation of the resolution to prioritise local employment.

Rajput highlighted that despite following the GR, enacting a law on local hiring is not possible due to constitutional provisions. He noted that both the current Karnataka government and previous Congress government in Haryana attempted similar laws but faced constitutional hurdles. Rajput offered to provide a copy of the Constitution to any MLA wishing to verify his claims.

Government Resolution and Implementation

The GR from March 1995 mandates that both public and private industrial units allocate 85% of their jobs to state natives. According to this order, individuals residing in Gujarat for over 15 years are considered locals. Senior Congress MLA Shailesh Parmar argued that the GR's provisions have not been fully implemented over its 30-year existence. He inquired if the government would act against units not complying with recruitment orders.

Rajput assured that the government strives to ensure industries adhere to the GR on local hiring. However, he reiterated that constitutional limitations prevent enacting a law for mandatory local employment quotas. The minister emphasised ongoing efforts to encourage compliance with existing resolutions.

The discussion in the assembly highlighted challenges in balancing constitutional rights with local employment initiatives. While the GR remains in effect, legal constraints limit further legislative action on local job quotas. The government's commitment to enforcing existing resolutions reflects its approach within constitutional boundaries.