Kannadiga job quota idea goes back to 1984; BJP tried to implement it, too

Bill, now on hold, has a 40-year history; some of its provisions were recommended by Sarojini Mahishi Committee in 1984, and Bommai govt sought to implement it

Update: 2024-07-18 01:00 GMT
Karnataka Chief Minister Siddaramaiah (right) and his deputy DK Shivakumar in the state Assembly | File photo

The Karnataka Cabinet’s go-ahead to a proposed law to reserve private sector jobs for Kannadigas drew widespread condemnation from industry experts, forcing the government to adopt a more conciliatory stance.

The Siddaramaiah-led Congress government in the state, late Wednesday (July 17) evening, decided to hold back the decision, saying it will again discuss it at length in the next Cabinet meeting before implementing the law.

The move came after several business leaders from the IT and other sectors opposed the Bill.

A 40-year-old idea

However, the idea of the Karnataka State Employment of Local Candidates in the Industries, Factories and other Establishments Bill, 2024, is barely new. It finds its genesis in a committee report placed 40 years ago.

According to the draft Bill, 70 per cent of non-management roles, 50 per cent management roles, and 100 per cent Group C and Group D posts in the private sector — including the state’s flagship information technology companies — must be reserved for Kannadigas.

Some of its suggested provisions go back to 1984, when the Sarojini Mahishi Committee made recommendations including one to accord 100 per cent reservation for Kannadigas in Group C and D jobs in private establishments. (In government jobs, Group `C' employees perform supervisory and operative tasks; they render clerical assistances in ministries and field organisations. Group `D' employees typically carry out task such as cleaning and maintenance of facilities.)

58 recommendations

The committee headed by former Union Minister Sarojini Mahishi comprised stalwarts of the Kannada movement such as Gopalakrishna Adiga, K Prabhakara Reddy, G Narayana Kumar, Siddaiah Puranik, and artist GK Satya. It was constituted in 1983 — when now-Chief Minister Siddaramaiah headed the Kannada Kavalu Samithi (Kannada Vigilance Committee). It submitted its report in 1984.

The committee made 58 recommendations, and the then Janata Party government headed by Ramakrishna Hegde implemented 45 of those.

Cut to 2024. On July 2, demanding the implementation of the rest of the Sarojini Mahishi Committee recommendations, Kannada organisations staged protests across the state and set a one-month deadline for the government to draft and table the Bill in the Monsoon Session of the Assembly.

Siddaramaiah's assurance

Narayana Gowda of the Karnataka Rakshna Vedike told The Federal that Siddaramaiah, in a meeting with the protesters, assured them of calling for a meeting with legal experts on the issue and implementing the recommendations of the Sarojini Mahishi Committee.

Within 20 days of that, Siddaramaiah on Tuesday (July 16) announced the government’s decision to bring a law mandating 100 per cent reservation for Kannadigas in Group C and D jobs in the private sector.

“Our government’s aspiration is that no Kannadiga should be deprived of jobs in the land of Kannada so that they can lead peaceful and prosperous lives. Ours is a pro-Kannada and Kannadiga government,” he posted on X, only to delete it after facing massive backlash from the industry.

'Kannadiga' redefined

Notable among the provisions of the draft Bill is the redefinition of the term “Kannadiga” to include any person who has been domiciled in the state for 15 years, who can speak, read and write Kannada and has passed a requisite test conducted by the nodal agency, Kannada Abhivruddhi Pradhikara (Kannada Development Authority).

The definition has been broadened to avoid legal hurdles under Article 16 of the Constitution (equality in employment opportunities) and ensure the successful implementation of the law.

The draft Bill also stipulates that candidates who do not possess a secondary school certificate with Kannada as a language will need to pass the Kannada proficiency test, as specified by the nodal agency.

Reprieve with riders

The Bill also grants a reprieve to establishments, suggesting that if they fail to get sufficiently qualified Kannadiga candidates for certain positions, they can take steps to train and engage local candidates within three years in collaboration with the government or its nodal agencies.

Despite that, if enough local candidates are not available, establishments can apply for a relaxation of norms. However, the percentage of local candidates should not fall below 25 per cent in managerial positions and 50 per cent in non-managerial categories.

Sources in the Department of Labour told The Federal that penalties have also been proposed for non-compliance. According to the draft Bill, no court shall take cognizance of any offence registered under this Act unless a complaint is filed within six months of such offence being committed.

BJP’s KLCD Act

An attempt to implement the recommendations of the Sarojini Mahishi Committee was made by the previous BJP government in the state as well. The Kannada Language Comprehensive Development (KLCD) Bill, tabled by it in 2022, got the Governor’s nod in February this year.

The KLCD Act defines “Kannadiga” as a person who has at least one parent or legal guardian residing in Karnataka for not less than 15 years with the knowledge of reading and writing Kannada.

The KLCD Act has provisions to deny concessions, tax rebates, and other sops to private companies that do not recruit the prescribed percentage of Kannadigas.

Industrial Policy

The Industrial Policy of Karnataka, too, specifies that companies are expected to provide 70 per cent of jobs to Kannadigas (100 per cent in the case of Group D employees), and all persons who want to get a government job should pass a Kannada language exam with the exemption of those who passed Class 10 exams with Kannada as the first or second language.

Ahead of the 2023 Assembly polls, the BJP government had declared the reservation of 80 per cent of the jobs under A, B, C and D categories in the state, across industries, for Kannadigas.

The then chief minister Basavaraj Bommai had announced the decision at the 86th Akhila Bharata Kannada Sahitya Sammelana held at Haveri in 2023.

Mixed response

The Siddaramaiah government just tried to stick to the Bommai government's template before deciding to put the whole idea on hold.

The quota announcement, predictably, invited flak from private industry heads but earned praise from Kannada organisations. While the IT and biotechnology industries are worried that employers might migrate to Hyderabad, Gujarat, or North India, their leaders have slammed the move as “short-sighted” and “regressive”.

On the other hand, Mahesh Joshi, president of the Kannada Sahitya Parishat, urged Opposition parties to support the government’s move “in the interest of Kannada and Kannadigas”. Speaking to The Federal, Joshi also cautioned the government to take steps to finetune the Bill without attracting legal complications and a constitutional crisis.

Sources told The Federal Congress leaders Mallikarjun Kharge and Rahul Gandhi advised the state government to rethink the Bill. 

For now, the issue is on hold.

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