© The Indian Express Pvt Ltd
Tags:
Journalism of Courage
THE SUPREME Court on Monday dismissed the Centre’s appeal challenging the Calcutta High Court order asking it to implement the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) in the state from August 1, 2025.
A bench of Justices Vikram Nath and Sandeep Mehta said, “We are not convinced that the impugned order requires any interference. The SLP (special leave petition) is dismissed.”
The MGNREGA scheme has been kept in abeyance in West Bengal for more than three years over allegations of irregularities in the disbursement of measures under the centrally sponsored scheme.
Hearing a petition, which raised the issue of non-payment of wages under the 100-day rural job guarantee scheme in the state, the Calcutta High Court on June 18, 2025 directed that the scheme be implemented prospectively from August 1, 2025, subject to riders.
The High Court said, “The Scheme of the Act does not envisage a situation where the Scheme will be put to cold storage for eternity… There are sufficient powers vested with the Central Government to enquire into the irregularities or illegalities in the manner of disbursement of the wages or in the manner of approval (that) have to be granted etc… However, there can be a line drawn between past actions and future steps to be taken to implement the Scheme.”
“At this juncture, the endeavour of the court is to the implementation of the scheme in the state of West Bengal which has been kept in abeyance for the past close to three years,” the High Court said.
“While allowing the Central Government to proceed with the enquiries as recommended by the Central Team not only in the four districts but also in other districts as mentioned… this court directs that the Scheme be implemented prospectively with effect from 1st August, 2025.”
The high court said the Centre is fully empowered to impose special conditions, restrictions and regulations, which have not been imposed in other states, to ensure that no irregularity occurs while the scheme is being implemented in West Bengal.
It said “none can take a stand that the person who had obtained the benefit illegally should be allowed scotfree” and that he should enjoy the benefits which “he had obtained by adopting illegal means”. “Such of those persons have to be dealt with firmly and whatever disbursement(s) have been made in such persons or any fictitious persons’ favour have to be recovered and there can be no second opinion on the said decision,” the court said.
“The Central Government would be entitled to impose any other special conditions that would warrant and ensure that the Scheme is effectively and properly implemented in the State without giving any room for any irregularity or illegality being committed. The State shall comply with the directives in a strict compliance and such directions which may be issued by the Central Government are non-negotiable… Only if this is done the citizens of the State of West Bengal will be benefitted and works can be performed and they can be paid the wages which are in effect minimum wages..,” the HC said.
