Karnataka & Haryana Employment Policies 2024

Karnataka State Employment Bill

• The Karnataka State Government has paused the Karnataka State Employment of Local Candidates in Industries, Factories and Other Establishments Bill 2024.
• The bill proposes 70% reservation for local candidates in non-management positions and 50% in management roles within the private sector.
• Local candidates are defined as those born or residing in Karnataka for a minimum of 15 years and proficient in Kannada.
• Candidates lacking a secondary school certificate in Kannada must pass a proficiency test set by a designated agency.
• The bill categorizes jobs into management and non-management roles, including clerical or semi-skilled positions.
• Skill development provisions mandate industry training programs to address skill gaps within three years.
• Violations of the bill's provisions may result in penalties between ₹10,000 and ₹25,000.

Other State Bills and Legal Context

• Haryana Government is facilitating employment for Agnivir recruits under the Agnipath scheme, with a 10% reservation in certain job roles and age relaxations for Group B and C posts.
• Andhra Pradesh has reserved 75% of jobs for locals; however, this decision is contested in court due to past legal challenges on similar bills and SC rulings.
• The Haryana State Employment of Local Candidates Act, 2020, was annulled by the Punjab and Haryana High Court, now pending in the Supreme Court.
• Jharkhand passed the Definition of Local Persons Bill in 2022, extending benefits to local individuals.

Constitutional Provisions and Judicial Precedents

• Reservation bills are often challenged under Articles 14 (equality), 15 (non-discrimination), 16 (equal employment opportunity), and 19(g) (freedom of profession).
• Article 371 provides special rules for recruitment in specific states, while Article 35(a) restricts state legislatures from enacting residential requirement laws.
• In Dr. Pradeep Jain v. Union of India (1984), the Supreme Court ruled that domicile preference should not exclude non-domicile candidates entirely.
• The Indira Sawhney case (1992) set a ceiling of 50% on total reservations.

Landmark Cases Influencing Reservation Policy

• Champakam Dorairajan Case (1951) addressed discrimination laws leading to a significant Supreme Court ruling against reservations based on religion, race, and caste, prompting the First Amendment.
• The First Amendment (1951) introduced Articles 15(4) and 16(4) to expand the scope of preference for vulnerable groups.
• The EWS reservation was established by the 103rd Constitutional Amendment Act (2019), providing 10% reservations for economically weaker sections in education and government jobs.
• The concept of the "creamy layer" applies to EWS, filtering out affluent families, and was upheld by the Supreme Court in 2022.

Karnataka's Unique Provision

• Karnataka leads India by implementing a 1% reservation for the transgender community in all government services.

Karnataka State Employment Bill

• The Karnataka State Government has paused the Karnataka State Employment of Local Candidates in Industries, Factories and Other Establishments Bill 2024.
• The bill proposes 70% reservation for local candidates in non-management positions and 50% in management roles within the private sector.
• Local candidates are defined as those born or residing in Karnataka for a minimum of 15 years and proficient in Kannada.
• Candidates lacking a secondary school certificate in Kannada must pass a proficiency test set by a designated agency.
• The bill categorizes jobs into management and non-management roles, including clerical or semi-skilled positions.
• Skill development provisions mandate industry training programs to address skill gaps within three years.
• Violations of the bill's provisions may result in penalties between ₹10,000 and ₹25,000.

Other State Bills and Legal Context

• Haryana Government is facilitating employment for Agnivir recruits under the Agnipath scheme, with a 10% reservation in certain job roles and age relaxations for Group B and C posts.
• Andhra Pradesh has reserved 75% of jobs for locals; however, this decision is contested in court due to past legal challenges on similar bills and SC rulings.
• The Haryana State Employment of Local Candidates Act, 2020, was annulled by the Punjab and Haryana High Court, now pending in the Supreme Court.
• Jharkhand passed the Definition of Local Persons Bill in 2022, extending benefits to local individuals.

Constitutional Provisions and Judicial Precedents

• Reservation bills are often challenged under Articles 14 (equality), 15 (non-discrimination), 16 (equal employment opportunity), and 19(g) (freedom of profession).
• Article 371 provides special rules for recruitment in specific states, while Article 35(a) restricts state legislatures from enacting residential requirement laws.
• In Dr. Pradeep Jain v. Union of India (1984), the Supreme Court ruled that domicile preference should not exclude non-domicile candidates entirely.
• The Indira Sawhney case (1992) set a ceiling of 50% on total reservations.

Landmark Cases Influencing Reservation Policy

• Champakam Dorairajan Case (1951) addressed discrimination laws leading to a significant Supreme Court ruling against reservations based on religion, race, and caste, prompting the First Amendment.
• The First Amendment (1951) introduced Articles 15(4) and 16(4) to expand the scope of preference for vulnerable groups.
• The EWS reservation was established by the 103rd Constitutional Amendment Act (2019), providing 10% reservations for economically weaker sections in education and government jobs.
• The concept of the "creamy layer" applies to EWS, filtering out affluent families, and was upheld by the Supreme Court in 2022.

Karnataka's Unique Provision

• Karnataka leads India by implementing a 1% reservation for the transgender community in all government services.

Union Budget Allocation

• Union Finance Minister Nirmala Sitharaman allocated ₹11,500 crores for various projects, highlighting support for Bihar's Kosi-Mechi Link Project.
• Emphasis on the central government's commitment to assist Bihar in addressing recurrent flooding issues.

River Interlinking in India

• Concept of river interlinking initiated by Dr. K.L. Rao in 1972 to connect Ganga and Cauvery.
• Capt. Dastur introduced the "Garland Canal" idea in 1977 for holistic river management.
• National Perspective Plan (NPP) for interlinking rivers formulated in 1980.
• National Water Development Agency (NWDA) designated for NPP's execution.
• NPP consists of two main components:
  • Himalayan Rivers Development Component focused on storage reservoirs for Ganga and Brahmaputra.
  • Peninsular Rivers Development Component addressing interlinking of significant river basins in southern India.

Kosi-Mechi Link Project

• Background agreement signed between Nepal and India on April 25, 1954, to mitigate issues caused by the Kosi River's shifting course and flooding.
• Aim to construct a barrage at Hanuman Nagar on the India-Nepal border and extend the Eastern Kosi Main Canal (EKMC) to the Mechi River.
• Objective: Redirect surplus Kosi River water into the Mechi River, aiding flood protection in North Bihar.
• Project specifications: 117.5 km total canal length, including 41.3 km existing EKMC.
• New section includes 76.2 km with various hydraulic structures: 9 canal syphons, 14 syphon aqueducts, 42 road bridges, etc.
• Environmental clearance obtained in 2019 with no displacement of populations or forest land acquisition.

Kosi River Overview

• Transboundary river flowing through China, Nepal, and India, known for its seven upper tributaries (Saptakoshi).
• Third-largest tributary of the Ganges by water discharge, length of 720 km, draining an area of 74,500 km².
• Historical assessments suggest Kosi has shifted course considerably but research indicates oscillating shifts rather than constant movements.

Mechi River Overview

• Transboundary river originating in Nepal's Marabharat range and flowing into India, tributary of the Mahananda River.
• Conjoins Mahananda in Bihar's Kishanganj district.

National Water Development Agency (NWDA)

• Established in July 1982, operating under the Ministry of Jal Shakti, focusing on detailed studies and surveys for river interlinking.
• In 1990, tasked with both the Peninsular and Himalayan components of NPP.
• Expanded since 2006 to explore feasibility of intra-state river links and prepare Detailed Project Reports (DPRs).
• Increased responsibilities include implementation of interlinking river projects under the Pradhan Mantri Krishi Sinchai Yojana (PMKSY).

This quiz explores the recent employment policies enacted by the Karnataka and Haryana governments. It covers topics such as local employment restrictions, Agnipath scheme provisions, and reservation policies for various government positions. Test your understanding of these significant legislative changes in 2024.