The Andhra Pradesh High Court has directed the State government to submit a counter affidavit within a month making clear its position on the A.P. Employment of Local Candidates in Industries/Factories Act, 2019.
The Act guarantees 75% reservation to local candidates in jobs in government-run and private industries and factories.
Legislative competence
The court was hearing a writ petition filed by a city-based advocate Ch. Varalakshmi questioning the constitutional validity of the Act. She contended that the Act was beyond the legislative competence of the State, apart from violating the Articles 14, 16(2) and 16(3) of the Constitution.
Chief Justice J.K. Maheswari and Justice K. Lalitha Kumari did not agree with the view of government pleader Sumon Chintala that no one from the industry had any objection to the Act and the petitioner was totally unrelated to it.
Ms. Varalakshmi argued that the State, through this Act, was seeking to exercise its power with regard to factories and establishments owned by private individuals and it (the State) had no power to prescribe the domicile or place of birth or place of residence as a requirement for public employment.
The power to make a law prescribing any requirement as to residence within the State as a prerequisite for such employment or appointment is vested only with the Parliament, she insisted.
She prayed that the High Court should declare the Sections 3 and 8 of the Act as beyond the powers of the State government.
