Karnataka govt to challenge VB-G RAM G Act in court

The Karnataka Cabinet on Thursday unanimously resolved to reject the implementation of the recently enacted VB-G-RAM-G Act and legally challenge its validity, alleging that it is “against the spirit of the 73rd and 74th amendments to the Constitution”.

VB G Ram G Act, which guarantees 125 days of wage employment a year, up from 100 days of work provided under Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), came into effect on December 21 after receiving the assent of the President following the passage of bill in both houses of Parliament days before. The new law introduces the cost-sharing structure to a 60:40 share between Centre and states, a divergence from 100% central funding under MGNREGA. Karnataka is the third state to reject the VB-G RAM G Act after Punjab and Telangana.

In its resolution, the Siddaramaiah-led cabinet stated that the Act “is in violation of the right to work and livelihood of the citizens as enshrined under Article 21 of the Constitution of India,” and warned that the proposed framework would weaken employment security for rural households.

The decision followed an extensive discussion on the proposed repeal of the MGNREG Act and the implications of replacing it with the VB GRAM G Act. The cabinet also consulted the Advocate General on the legal and constitutional ramifications of the legislation.

The resolution further held that the legislation “tramples upon the legitimate rights of Panchayats as vested by the Constitution and is against the spirit of 73rd and 74th amendment to the Constitution,” adding that “the bottom-up planning approach, as per local requirements, has been compromised.”

Raising strong objections to the Centre’s role in framing the scheme, the cabinet said the Act “seriously affects the federal structure by not only completely excluding the States from the consultation process but also while expecting the States to bear 40% of the amount, and that too as per the terms and conditions as unilaterally decided by the Centre without taking States into confidence.”

The cabinet also highlighted concerns over wages and work allocation, stating that the VB GRAM G Act “is a serious aberration of social and economic rights of rural people as on one hand the works will only be available in the areas as notified by Central Government and on other hand at the wage rate fixed by Centre without any guarantee to the minimum wages fixed by the State Governments.”

Invoking Gandhian principles, the resolution said the Act “defeats the spirit of ‘GRAM SWARAJ’ as envisioned by Father of Nation Mahatma Gandhi,” noting that Panchayats “will neither have the freedom to choose the works as per local requirements or the priority of works, while also being limited by the normative allocation to be decided by Central Government.”

Based on these concerns, the cabinet resolved “to challenge the validity of VB GRAM G Act in court” and also decided to “take this anti-people legislation to the Peoples’ Court by making them aware of the adverse impact of the Act through holding special Gram Sabhas.”

Chief minister Siddaramaiah has been a vocal critic of the new law. Last week, he said the VB-GRAM G Act “will ruin lives of the poor,” particularly affecting women, Dalits, small farmers and other vulnerable groups, and called for the law to be scrapped and MGNREGA.