A losing proposition: On sons of the soil and jobs

Context: Nativism is not a solution to India’s growing unemployment crisis

Background:

• India has seen many versions of the ‘sons of the soil’ argument over decades.
• Madhya Pradesh Chief Minister Shivraj Singh Chouhan’s announcement that only those domiciled there would be eligible for government jobs in the State.
• Similar moves from States such as Karnataka, Gujarat, Andhra Pradesh, Haryana and Telangana in recent years to introduce various types of domicile eligibility for job seekers, in private and government jobs.

Arguments in favour:

• There are regional particularities to be considered, nevertheless.
• Some States require a certain proficiency in the local language to be employed in government jobs, which is for administrative reasons.
• There are also restrictions on movement of people into tribal areas of India. These are exceptions provided in the legal and constitutional scheme of India to manage its remarkable diversity.

Argument against the move:

• Inciting local passions in order to divert public attention from the challenge of generating employment for the country’s swelling youth population falls in a different realm.
• Migrant populations fulfil a market demand created by gaps in skills and preferences. That is one reason why government orders and even laws of the past in several places that mandated quotas for locals in employment were not enforced. The spectre of locals losing out to migrants is hugely exaggerated and often designed to beguile the people.

Constitutional provisions:

• Article 16 of the Constitution, which guarantees equal treatment under law in matters of public employment, prohibits the state from discriminating on grounds of place of birth or residence.
• Article 16(3) of the Constitution provides an exception by saying that Parliament may make a law “prescribing” a requirement of residence for jobs in a particular state. This power vests solely in the Parliament, not state legislatures.

Way forward:

• India has a severe unemployment crisis and efforts that match the challenge are badly needed.
• Nativism is not a part of the solution. In fact, it can aggravate the crisis by creating a hostile environment to investment, growth and employment generation.

Reference: https://www.thehindu.com/opinion/editorial/a-losing-proposition-the-hindu-editorial-on-nativism-sons-of-the-soil-and-jobs/article32406626.ece