Ethics Theory, TLP-UPSC Mains Answer Writing
Q. 13. Critically examine the constitutional validity of domicile-based reservations in public employment. How has the judiciary addressed such measures? (250 words, 15 marks)
Introduction
Domicile-based reservation means giving job preference to local residents in government jobs. While it aims to reduce regional imbalances, it raises serious legal issues around equality, free movement, and limits on state authority under the Constitution.
Body
Constitutional Validity – Key Concerns:
- Article 16(2): Bars discrimination in public employment based on place of birth or residence. • Article 16(3): Permits residence-based eligibility only if Parliament explicitly enacts a law— states cannot act independently.
- Article 19(1)(g): Guarantees citizens the right to work anywhere in India, making domicile based restrictions a violation of economic freedom.
- Reservation ceiling: The Indra Sawhney judgment (1992) capped reservations at 50%, including those based on domicile or local origin.
- Judicial scrutiny: Courts have generally held that “sons-of-soil” policies conflict with constitutional guarantees unless narrowly tailored and time-bound.
→ Thus, while the objective of local employment is legitimate, the legal route must pass through Parliament, not state laws or executive orders.
Judicial Approach:
- Pradeep Jain v. Union of India (1984): Struck down broad-based domicile quotas, allowing only limited regional preferences for educational institutions.
- A.P. Public Employment Rules case (2002): Held that ‘local area’ preferences without Central legislation are unconstitutional.
- Punjab & Haryana HC on Haryana’s 75% quota (2023): Declared it unconstitutional for violating Articles 16(2), 16(3), and 19(1)(g); called it an “artificial wall”.
- Karnataka’s 2024 proposal: Withdrawn amid backlash from private industry and concerns of non-compliance with constitutional rights.
Conclusion
Domicile-based reservations should balance local needs with national unity. True progress lies in better skills, fair investment across states, and reforms that give equal chances to all while keeping the idea of One India strong.
