The Karnataka cabinet on Thursday, January 8, decided to initiate legal action against the newly introduced Vikshit Bharat - Guarantee for Rojgar and Aveejika Mission (Gramin) Act (VB-G RAM G) scheme. After consultation with Advocate General Shashi Kiran Shetty and a detailed discussion, the Cabinet unanimously decided not to accept the Act and mount a legal challenge.
Briefing the media after the cabinet meeting, Minister for Law and Parliamentary Affairs HK Patil said that the withdrawal of the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGA) by the Union government had taken away the employment rights of rural people.
Patil said that after the 73rd Constitutional Amendment, decentralisation was strengthened in the country. He said MGNREGA enabled asset creation through panchayats, whereas the new law forced labourers to work on national highway projects executed by contractors. The Union government has shown no concern for the welfare of labourers and has instead snatched away their right to employment, he said.
Earlier, panchayats had the authority to decide which works were to be undertaken in villages. Now, that power has been completely taken away, and the Union government would issue directions on where and what work should be carried out, he alleged. “The Karnataka government strongly opposes this draconian legislation and will fight it politically, legally, and in the people’s court,” he said.
Though it is being claimed that 125 days of work will be provided, there is no clarity on how this will be ensured, Patil said, questioning where the funds would come from. He said state governments would have to bear around 40%, which would impose a huge financial burden. If such a burden is to be imposed, the Union government should have consulted the states, but it did not, he alleged. He said the scheme was introduced after the implementation of the 15th Finance Commission’s recommendations.
Patil also said the cabinet has decided to hold panchayat elections at the earliest. Several panchayats have urged the state government to approach the Supreme Court on the issue. A decision in this regard will be taken within a day or two, he said.
Meanwhile, addressing a meeting of Congress legislators, CM Siddaramaiah announced that a special session of the legislature would be convened shortly to pass a resolution demanding the restoration of MGNREGA.
Calling the VB-G RAM G Act “unconstitutional,” he said, "This law must be withdrawn. We will continue to protest until it is scrapped," said the CM.
The VG-B RAM G bill was passed in the Lok Sabha by voice vote on December 18, amidst protests that saw opposition leaders tearing up the draft bill. The Bill had been tabled in Parliament just the day before.
Now passed into law, the Act seeks to share the scheme's financial burdens with the states at a 60-40 ratio, with the states bearing a 40% cost as opposed to the earlier 10% under MGNREGA. The 90:10 ratio is reserved only for Himalayan states, union territories and the Northeastern states.
The Act lets the Union government decide allocation to states based on parameters set by the Union government itself. Any expense beyond this allocation will have to be borne by the state government.
Though opposition to the rushed legislation has been voiced by various sectors, the Karnataka Cabinet is the first state to challenge the Act’s contentious provisions.
(with inputs from IANS)