In a twist of events according to the latest update Justice P S Narasimha has opted to recuse himself from a pivotal case concerning the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA). The case, brought forth by Swaraj Abhiyan, a political entity, seeks directives from the Central Government to ensure sufficient funding for states to effectively implement the MGNREGA scheme.

The plea, presented before a bench presided over by Justices Narasimha and Aravind Kumar, highlighted a pressing crisis affecting millions of MGNREGA workers across India. Unpaid wages and financial deficits in state budgets allocated for the scheme have exacerbated the situation, prompting Swaraj Abhiyan to seek judicial intervention.

However, upon the case’s presentation, Justice Narasimha disclosed his prior involvement as a lawyer in the matter. Recognizing the importance of impartiality in the judiciary, Justice Narasimha deemed it appropriate to recuse himself from further proceedings. This decision necessitated the reassignment of the case to a new bench by Chief Justice D Y Chandrachud.

Represented by advocate Prashant Bhushan, Swaraj Abhiyan underscored the urgency of addressing the MGNREGA crisis. The petition cited a shortfall of Rs 9,682 crore as of November 26, 2021, with all allocated funds for the fiscal year depleted ahead of schedule. Swaraj Abhiyan argued that this funding shortage constitutes a violation of the law, referencing a previous Supreme Court judgment on MGNREGA wage payments.

To remedy the situation, Swaraj Abhiyan proposed a mechanism to ensure that states receive adequate funding in advance, based on the highest demand experienced in the previous year. Additionally, the plea called for adherence to a 2013 directive from the Ministry of Rural Development, facilitating workers’ registration for work and receipt of dated acknowledgments through technology.

Furthermore, the petition demanded automatic compensation for unemployed workers not assigned work within 15 days of their request, in line with the provisions of the Annual Master Circular. Swaraj Abhiyan sought a court order for the immediate clearance of all pending MGNREGA wage, material, and administrative dues within 30 days, along with compensation for wage payment delays as mandated by the act.