<b>UPA govt plans job quota in private sector</b>
Subodh Ghildiyal
[ Sunday, December 18, 2005 11:43:26 pmTIMES NEWS NETWORK ]
NEW DELHI: In a significant departure from its oft-repeated stance that implemention of quotas in private sector should be "voluntary," the UPA government is considering enacting a law to extend job reservations to the non-government sector.
Sources say government, which had so far maintained that it would leave it to the private sector to consider introducing job reservations, is now bringing both an amendment to the Constitution, as well as enacting a new law for the purpose.
Law ministry has already brushed aside the view of attorney-general Milon Banerjee that thereâs no room in the Constitution for getting the private sector to implement quotas.
Unlike the law officer who felt that government wouldâve to amend the Constitution to satisfy the clamour for pushing the quota frontiers, the ministry has held that the purpose can also be achieved by enacting an ordinary law and placing it under the 9th Schedule of the Constitution for immunity from legal challenge.
It has cited the example of Tamil Nadu, which put the Tamil Nadu BC/SC/ST Reservation Act, 1993, under the 9th Schedule to ward off litigation on the ground that it exceeded the 50% ceiling laid down by SC on the quantum of reservations.
Before Banerji, legal experts Fali Nariman and Justice (retd) K Ramaswamy had also ruled that the Constitution in its current shape did not allow for a Central law to bring in private sector quota.
Government, however, doesnât agree. This marks a shift from its stand so far, which, in keeping with the "hands-off"ethos of the liberalisation era and recognising the role of merit in boosting productivity, seemed inclined to leave the issue to the sense of "social justice"of the captains of industry.
http://timesofindia.indiatimes.com/artic...336539.cms
Subodh Ghildiyal
[ Sunday, December 18, 2005 11:43:26 pmTIMES NEWS NETWORK ]
NEW DELHI: In a significant departure from its oft-repeated stance that implemention of quotas in private sector should be "voluntary," the UPA government is considering enacting a law to extend job reservations to the non-government sector.
Sources say government, which had so far maintained that it would leave it to the private sector to consider introducing job reservations, is now bringing both an amendment to the Constitution, as well as enacting a new law for the purpose.
Law ministry has already brushed aside the view of attorney-general Milon Banerjee that thereâs no room in the Constitution for getting the private sector to implement quotas.
Unlike the law officer who felt that government wouldâve to amend the Constitution to satisfy the clamour for pushing the quota frontiers, the ministry has held that the purpose can also be achieved by enacting an ordinary law and placing it under the 9th Schedule of the Constitution for immunity from legal challenge.
It has cited the example of Tamil Nadu, which put the Tamil Nadu BC/SC/ST Reservation Act, 1993, under the 9th Schedule to ward off litigation on the ground that it exceeded the 50% ceiling laid down by SC on the quantum of reservations.
Before Banerji, legal experts Fali Nariman and Justice (retd) K Ramaswamy had also ruled that the Constitution in its current shape did not allow for a Central law to bring in private sector quota.
Government, however, doesnât agree. This marks a shift from its stand so far, which, in keeping with the "hands-off"ethos of the liberalisation era and recognising the role of merit in boosting productivity, seemed inclined to leave the issue to the sense of "social justice"of the captains of industry.
http://timesofindia.indiatimes.com/artic...336539.cms