Calcutta HC orders resumption of MGNREGA in Bengal from August 1 with special conditions
The Calcutta High Court on Wednesday ordered the Centre to resume the implementation of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) scheme in West Bengal from August 1, 2025, after nearly three years of suspension.
The division bench, led by Chief Justice TS Sivagnanam and Justice Chaitali Chatterjee (Das), allowed the Centre to impose special conditions, restrictions, and regulations—measures not applied in other states—to prevent any recurrence of irregularities during the scheme's rollout in West Bengal.
The court acknowledged that the Centre had identified certain irregularities in the disbursement of wages under MGNREGA in the state. It noted that action had already been taken, recoveries made, and the funds secured in the state nodal agency's bank account.
The bench emphasised that while investigations into past misconduct would continue, the primary focus now is on ensuring the scheme's effective and corruption-free implementation going forward.
Chief Justice Sivagnanam remarked, 'At this juncture, the court is concerned about the implementation of the scheme in West Bengal prospectively.' He added, 'The scheme of the Act does not envisage a situation where the scheme would be put to cold storage for eternity.'
The court further stated that the Centre holds sufficient powers to inquire into any irregularities or illegalities related to wage disbursement but stressed the importance of drawing a clear line between past actions and future execution.
The bench concluded that the directive to restart MGNREGA in West Bengal is 'in public interest' and aligns with the purpose for which the central legislation was enacted. It also authorised the authorities overseeing the scheme to impose necessary safeguards to ensure that the irregularities which occurred three years ago do not recur.
This ruling comes amid ongoing tensions between the West Bengal state government and the Centre, with accusations of fund withholding and corruption allegations having stalled the scheme's implementation since 2022. The High Court's order aims to restore the 100-day job guarantee programme, vital for rural employment and livelihood in the state.
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