Karnataka Govt to challenge MGNREGA repeal in court, says decision infringed on right to work

The resolution passed by the Cabinet said, “it is unanimously decided not to accept the Act and to challenge the same in the court of law…”. The new legislation is in violation of the right to work enshrined under Article 21 of the Constitution of India, it tramples upon the legitimate rights of panchayats as vested by the Constitution, and is against the spirit of the 73rd and 74th amendments to the Constitution, the resolution said.

“The Act seriously affects the federal structure by not only completely excluding the States from the consultation process but also while expecting the States to bear 40% of the amount, and that too as per the terms and conditions as unilaterally decided by the Centre without taking the states into confidence,” the resolution added.

Patil criticised the provisions of VB-G RAM G, saying that it left labourers registered under the Act at the mercy of contractors. The new Act is meant to safeguard the interests of contractors, he alleged. While the MGNREGA ensured that beneficiaries got employment in their neighbourhood based on decisions by the local gram panchayat, VB-G RAM G will not guarantee work for many, as the Centre will decide the districts where work will be taken up.

Many panchayats have approached the state government to challenge the MGNREGA repeal in the Supreme Court as their ability to create public assets is being taken away, Patil added.