In a significant move, the Calcutta High Court on Thursday asked the central government to justify its decision to not prospectively implement the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) scheme in West Bengal, specifically excluding Purba Bardhaman, Hooghly, Malda, and the Darjeeling (GTA) areas where fund misappropriation allegations have been reported.
During a session that addressed multiple petitions concerning overdue payments to MGNREGA beneficiaries, the court underscored that the suspension of the scheme cannot be indefinite. The National Rural Employment Guarantee (NREG) Act mandates continuity in the scheme’s application unless rectified within a reasonable period. “Appropriate remedial measures must be undertaken promptly,” the bench highlighted.
Chief Justice TS Sivagnanam and Justice Chaitali Chatterjee (Das) led the division bench, pressing the Centre to clarify its stance on excluding these districts and to explore methods of ensuring direct payments reach the intended recipients without bureaucratic entanglements. They emphasized the necessity of installing robust checks and balances tailored to the state’s specific needs.
Furthermore, the court requested a detailed report from the central government within three weeks and set the next hearing date for May 15. In this report, the government is expected to address the allegations and present its findings on any irregularities in other districts as well.
Representing the central government, Additional Solicitor General Asok Kumar Chakrabarti pointed out that fund misappropriation issues were not confined to the aforementioned districts. He noted that a halt on MGNREGA fund disbursement to West Bengal has been in effect since March 9, 2022, due to these concerns.
In response to a prior court directive, the West Bengal government was also asked to clarify its position on providing unemployment allowances, given the lack of job provision under the scheme for over two years.
Senior advocate Bikash Ranjan Bhattacharya, representing the petitioners, argued for the rightful disbursement of wages to individuals who had already completed their work under MGNREGA. Meanwhile, Kalyan Banerjee, counsel for the state, highlighted that West Bengal had not received central funds for the 100-day job guarantee scheme for the past three years, intensifying the state’s challenges under this national initiative.
