Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Public interest litigation - Mahatama Gandhi National Rural Employment Guarantee Scheme - Implementation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Public interest litigation - Mahatama Gandhi National Rural Employment Guarantee Scheme - Implementation of- Prayer sought that Government of India and State Government to ensure adequate budgetary provision is made for financial implementation of the Scheme and that the State Government not to place any budgetary limit under the Scheme if employment is sought over and above 100 days; that the informal capping of funds through labour budget and agreed to budget process to be done away with; that there is delayed release of payments both for wages and materials; and effective monitoring of the scheme - Held: There is no informal capping of funds although it does appear that Government of India is not prone to easily release funds for the projects under the Scheme - There has been unconscionable delay on the part of the Government of India in release of funds both under the wage and material component - When rights of lakhs of people are affected by delayed payment of the legitimate dues, there is clear constitutional breach committed by the State - Further, not clear as to existence of Centre Employment Guarantee Council and State Employment Guarantee Council - In view thereof. issuance of directions by this Court - State Governments to present a realistic budget and thereafter, Government of India to release to State Governments. adequate funds under the Scheme in a timely manner - Government of India to ensure that compensation for delayed payment beyond 15 days made to workers - State Governments and Government of India to make all efforts to encourage needy persons to come forward and take advantage of the Scheme - Government of India to constitute Central Employment Guarantee Council and State Governments to establish State Employment Guarantee Council within the stipulated period - NREG Act being a social welfare and social justice legislation, Government of Indiao ensure faithful implementation of its provisions - Constitution of India - Art. 32 - Mahatama Gandhi National Rural Employment Guarantee Act, 2005 - ss. 3(1), 3(3), 7, JO, JI, 14(6). |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2016 INSC 426 |
Petitioner | Swaraj Abhiyan - (ill) |
Respondent | Union Of India & Ors. |
SCR | [2016] 9 S.C.R. 311 |
Judgement Date | 2016-05-13 |
Case Number | 857 |
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