‘VB G RAM G unconstitutional’

Chennai: A lawyer has moved Madras HC challenging eight provisions of VB G RAM G Act which "are anti-federal and ultra vires of the Constitution, as it legislated matters falling under state and concurrent list, which included rural employment, agriculture labour, panchayat raj administration, and local self-governance". Provisions of the Act gave exclusive control of such matters to Union govt, he said.The plea is likely to be taken up by the first bench headed by Chief Justice Manindra Mohan Shrivastava on Tuesday. According to advocate T Sivagnanasambandan, sections 3(1), 4(5), 5(1), 6(2), 22, 34, 30, and 37 are "unconstitutional". He alleged excessive centralization under provisions of the law violated federalism. The Act centralized planning, fund allocation, wage fixation, nature of work, monitoring, and implementation, leaving states with no effective autonomy.
Supreme Court held that federalism cannot be diluted even by legislation. The suspension of guaranteed employment for up to 60 days and discretionary powers rendered the Act arbitrary on wage determination, and led to differential treatment of similarly placed beneficiaries without a rational basis; the provisions were arbitrary and could be struck down as they were capricious, irrational, and without adequate determining principle, he said."The repeal of MGNREGA, which guarantees employment as a matter of right, and its replacement with a discretionary and diluted scheme violates the right to life and dignity," he said.