Justice P S Narasimha of the Supreme Court recused himself from a case involving a plea by Swaraj Abhiyan, a political party, which seeks directives for the Central Government to ensure sufficient funding for states to effectively implement the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA). The plea was brought before a bench that included Justices Narasimha and Aravind Kumar.
Upon the case’s presentation, Justice Narasimha disclosed his prior involvement as a lawyer in the matter, necessitating his recusal and the reassignment of the case to a new bench by Chief Justice D Y Chandrachud. Justice Narasimha, who was appointed to the Supreme Court directly from the bar based on the collegium’s recommendation, emphasized the need for impartiality in the judiciary.
Represented by advocate Prashant Bhushan, Swaraj Abhiyan highlighted a severe crisis affecting millions of MGNREGA workers across India, characterized by unpaid wages and financial deficits in state budgets allocated for the scheme. The petition pointed out that as of November 26, 2021, there was a shortfall of Rs 9,682 crore, with all allocated funds for the fiscal year being depleted ahead of schedule.
The plea references a previous Supreme Court judgment on MGNREGA wage payments, arguing that the current fund shortage constitutes a violation of the law. Swaraj Abhiyan proposed a mechanism to ensure that states receive adequate funding in advance, based on the highest demand experienced in the previous year, to maintain the program’s continuity.
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Additionally, the plea calls for adherence to a 2013 directive from the Ministry of Rural Development, facilitating workers’ registration for work and receipt of dated acknowledgments through technology. It also demands automatic compensation for unemployed workers not assigned work within 15 days of their request, in line with the Annual Master Circular’s provisions.
Swaraj Abhiyan seeks a court order for the immediate clearance of all pending MGNREGA wage, material, and administrative dues within 30 days and compensation for wage payment delays as mandated by the act.
