Allocation of funds for MGNREGA | Supreme Court judge recuses himself from hearing Swaraj Abhiyan's plea

Supreme Court judge justice P. S. Narasimha on February 9 recused himself from hearing a plea filed by a political party seeking a direction to the Centre to ensure that States have adequate funds to implement the rural employment guarantee scheme, MGNREGA. The matter came for hearing before a Bench comprising Justices P. S. Narasimha and Aravind Kumar.

Supreme Court judge justice P. S. Narasimha on February 9 recused himself from hearing a plea filed by a political party seeking a direction to the Centre to ensure that States have adequate funds to implement the rural employment guarantee scheme, MGNREGA. The matter came for hearing before a Bench comprising Justices P. S. Narasimha and Aravind Kumar.

As the case came on board, Justice Narasimha said he has appeared in the matter as a lawyer and the matter will have to be placed before the Chief Justice of India D. Y. Chandrachud for constitution of a fresh Bench.

Justice Narasimha was elevated to the Supreme Court from bar on the recommendation of the collegium. Advocate Prashant Bhushan appeared for the petitioner party.

Swaraj Abhiyan, in its fresh plea, submitted that there is currently a grave crisis being faced by crores of workers under the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA) in the country, with their pending wages piling up along with negative balances in most of the States.

“As of November 26, 2021, State governments are facing a shortage of ₹9,682 crore and 100% of the allocated funds for the year have been exhausted before the conclusion of the year,” it said.

This is despite this excuse of shortage of funds being a gross violation of the law, it said and referred to the apex court judgement on MGNREGA wage payments. The plea said directions to the Centre be issued to put in place a mechanism to ensure that States have adequate funds to implement the programme for a subsequent month.

“The month when the demand was highest in the previous year should be used as the base month for which minimum funds must be provided to the State Government in advance,” the plea said.