SC lauds repealed MGNREGA, clarifies 'right to work' not a fundamental right
The Supreme Court praised the repealed Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) as a 'salutary scheme,' not a freebie or exploitation. This observation came during a petition hearing regarding delayed wages under MGNREGA. The court clarified that the 'right to work' is not a fundamental right under Article 21 but a democratic aspiration under Part IV (DPSP). The new law, Viksit Bharat Guarantee for Rozgar and Ajeevika Mission (Gramin) Act, shifts from a demand-driven to a centrally controlled model, increases workdays, and raises the funding burden on States from 90:10 to 60:40.
Key Points
- The Supreme Court lauded MGNREGA as a 'salutary scheme' and not a 'freebie' or 'exploitation'.
- The court clarified that the 'right to work' is not a fundamental right under Article 21, but a democratic aspiration under Part IV (DPSP).
- The new law, VB-G RAM G Act, shifts MGNREGA from a demand-driven, rights-based framework to a centrally controlled model.
- The new law increases guaranteed work days from 100 to 125 annually and shifts the Centre-State funding ratio from 90:10 to 60:40.
- The court asked the petitioner to file a new petition to examine issues under the new law, disposing of the current matter.
Exam Facts
- Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) was enacted in 2005.
- The new law is the Viksit Bharat Guarantee for Rozgar and Ajeevika Mission (Gramin) Act.
- Article 21 of the Constitution pertains to the right to life.
- Part IV of the Constitution deals with Directive Principles of State Policy.
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