Lawyer Files Petition in Madras High Court Against VB G RAM G Act
A lawyer has approached the Madras High Court in Chennai, challenging eight specific provisions of the VB G RAM G Act. The petition argues that these sections are anti-federal and ultra vires of the Constitution, as they legislate on matters that fall under the state and concurrent lists, including rural employment, agriculture labor, panchayat raj administration, and local self-governance.
Allegations of Excessive Centralization
According to the advocate, T Sivagnanasambandan, the Act grants exclusive control over these critical areas to the Union government, thereby violating the principles of federalism. He contends that the provisions centralize planning, fund allocation, wage fixation, the nature of work, monitoring, and implementation, effectively stripping states of their autonomy and leaving them with no meaningful role in governance.
The sections under scrutiny are 3(1), 4(5), 5(1), 6(2), 22, 34, 30, and 37, which the petitioner deems unconstitutional. He asserts that these clauses lead to arbitrary practices, such as the suspension of guaranteed employment for up to 60 days and discretionary powers in wage determination, resulting in differential treatment of beneficiaries without a rational basis.
Legal Arguments and Precedents
The petition references a Supreme Court ruling that federalism cannot be diluted even through legislation. It argues that the Act's provisions are capricious, irrational, and lack an adequate determining principle, making them susceptible to being struck down by the court. Furthermore, the lawyer highlights that the repeal of MGNREGA, which guarantees employment as a right, and its replacement with a discretionary and diluted scheme, violates the fundamental right to life and dignity under the Constitution.
The plea is scheduled to be heard by the first bench of the Madras High Court, headed by Chief Justice Manindra Mohan Shrivastava, on Tuesday. This case could have significant implications for the balance of power between the central and state governments in India, particularly in areas of rural development and local governance.
