Can MGNREGA be prospectively rolled out in Bengal: HC to Centre

The Calcutta high court on Thursday directed the Centre to explain why the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) scheme shouldn’t be prospectively implemented in West Bengal, excluding four districts.

While hearing pleas demanding that beneficiaries be paid for work already completed under the scheme, the court observed that the National Rural Employment Guarantee (NREG) Act does not allow for indefinite suspension of the scheme’s implementation due to complaints. It emphasised that appropriate remedial measures must be undertaken within a reasonable time frame.

A bench comprising chief justice TS Sivagnanam and iustice Chaitali Chatterjee (Das) asked the Centre to clarify why the scheme should not be resumed across West Bengal — excluding Purba Bardhaman, Hooghly, Malda, and the Darjeeling (GTA) areas — where allegations of fund misappropriation have surfaced.

The bench stated that the Centre may impose “adequate checks and balances by passing appropriate instructions specifically to hold good for West Bengal.” It said that this approach should be explored further, particularly how the Centre could regulate direct payments.

The court added that the state government’s contribution, as per the apportionment under NREGA, should also flow into the exchequer. Directing the Centre to submit a report addressing these issues within three weeks, HC scheduled next hearing for May 15.

Also Read: MGNREGS funds to West Bengal halted over irregularities

Representing the Centre, additional solicitor general Asok Kumar Chakrabarti argued that allegations of misappropriation were not limited to the four districts alone, but extended to other districts as well. The court responded that if central teams found irregularities in other districts regarding MGNREGA fund usage, those findings should also be presented.

A written note submitted by the ASG said the release of MGNREGA funds to Bengal has been halted since March 9, 2022.

TMC state vice-president Jay Prakash Majumdar said: “The state repeatedly told the Centre to prove its allegations and said cannot deny social benefits given to poor people from taxpayers’ money. The court’s observations match the state’s sentiments but bench should also ask the Centre how beneficiaries from those four districts can be denied their rights on basis of unproved allegations.”

With agency inputs.