Q&A’s on Legal Amendment and Reservation in Government Services!
In recent times you have seen the dominance of other state peoples in central and state government employment in Tamil Nadu, with various slogans being raised such as ‘Tamil Nadu is for Tamils and expatriate workers should be expelled from Tamil Nadu’. This is the voice that arises in many states. In that regard, continue to read the questions and answers related to the information spread on social networking sites.
1. In 2016, did the AIADMK government change the law that allows people from other states to work in Tamil Nadu?
Misinformation. You can apply for a job in any state of India, anywhere in India. However, there are certain rules that have to be complied with. For example, you must be able to read, write, and speak the local language of that state (even given a limited period of time) and have a certificate of existence for having lived in that state for 5-15 years (varies from year to year).
Read more: Will there be an amendment in the law in 2016 for foreigners to join the Tamil Nadu government exams?
Last year we published a detailed article stating that the law was not brought in 2016 to allow nonnatives to participate in the Tamil Nadu state elections.
2. Will they be given reservation on the basis of caste if they come to a particular state only for employment from another state?
Only those who come to a particular state for employment from another state can compete in the general category. Although they are considered BC, MBC, SC, ST in some other state, they can only compete in the general category in that particular state. State-wise OBC communities can be found on the NCBC website of the Government of India.
3. Can the central government legislate that the people of the respective state have priority in employment?
Even if the state governments enact legislation to give priority to the people of this state, it will be unconstitutional. The law will be declared invalid as such laws go to the Supreme Court case.
4. Who has the power to legislate that the people of each state have priority in federal employment?
This law can only be enacted if it is enacted by both the Lok Sabha and the Rajya Sabha and approved by the President. It also needs the support of the central government and other states.
5. What is the alternative to implement this until the federal government comes up with a legal amendment?
Kashmir is the only state in India to have state autonomy. None of the federal laws on education, employment, land acquisition and so on for them go there. It is only possible if the state agrees to come under any law. However, in 2019, the central government regained the special status of Kashmir. State autonomy is the only solution to other such problems.
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