Top court upholds HC order to resume MGNREGA in Bengal

The Supreme Court on Monday upheld a Calcutta high court order directing the Centre to resume the employment guarantee scheme of MGNREGA in West Bengal

The Supreme Court on Monday upheld a Calcutta high court order directing the Centre to resume the employment guarantee scheme of MGNREGA in West Bengal.

In 2022, the scheme was put on hold following allegations of embezzlement of funds. (PTI)

The scheme was put on hold in 2022 following allegations of embezzlement of funds.

A bench of justices Vikram Nath and Sandeep Mehta passed the order while dismissing an appeal of the Centre challenging the high court order passed on June 18 this year. The high court noted that due to alleged embezzlement it will be open for Centre to impose such conditions or restrictions exclusive to the state as it ordered the scheme to be implemented from August 1.

Solicitor general Tushar Mehta appearing for Centre pointed out that the high court could not have directed the resumption of MGNREGA as widespread corruption in the implementation of the scheme had led to the decision of keeping it on hold.

The bench told Mehta, “We are not convinced that the order requires any interference,” as the court dismissed the appeal.

The high court order was passed while considering a petition filed by Paschim Banga Khet Mazdoor Samity alleging non-payment of dues to daily wage labourers employed under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) scheme, which promises 100-day job guarantee.

The order passed by the high court segregated the issue of pending investigation from the running of the scheme as it directed Centre to resume the scheme prospectively. It further stated that the irregularities in payment of wages cannot be a ground to put the scheme in “cold storage” forever.

The high court order said, “The scheme of the act does not envisage a situation where it would be put to cold storage for eternity…there can be a line drawn between past actions and future steps to be taken for implementation.” The court further said, “While allowing the central government to proceed with their enquiry, this court directs that the scheme be implemented prospectively from August 1, 2025.”

The petitioner before the high court was represented by senior advocate S Muralidhar in the top court. The state government was also represented in the matter.

Trinamool Congress national general secretary Abhishek Banerjee hailed the top court’s order calling it “a slap on the faces of people who believed Bengal could be bullied or silenced.”

In a post on X, Banerjee said, “Our dues aren’t released even after the Supreme Court’s say, Bengal will rise and take the fight again to Delhi’s way. The ZAMINDARS have fallen in VOTE and in COURT, Yet they play their games with ED and EC’s support.” “No might is greater than the people’s call, Learn now @BJP4India or face a harsher fall in 2026, once and for all,” he added.