100 days work: Big Victory for Bengal in 100 Days Work! Supreme Court Upholds Order to Clear Central Dues

100 days work: The long-standing tug-of-war between the state and the central government over the 100-day work scheme in West Bengal has finally come to a conclusion. The Supreme Court of India has upheld the Calcutta High Court’s directive to resume the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) scheme in the state. As a result of this verdict, the central government will now have to clear the pending dues to Bengal, paving the way for the relaunch of this crucial project.

The central government had approached the Supreme Court challenging the Calcutta High Court’s order, but the apex court dismissed the appeal.

Background of the Case and Political Tussle

The 100-day work scheme has been stalled in the state since December 2021. Bengal’s ruling party, the Trinamool Congress, has consistently alleged that the central government has withheld necessary funds for the project due to political vendetta. According to them, this is an attempt to deprive the people of Bengal.

On the other hand, the Centre’s argument was completely different. The central government claimed that there has been widespread corruption in the 100-day work scheme in West Bengal. It alleged that money was transferred to other bank accounts by creating fake job cards and depriving genuine beneficiaries. Citing these corruption charges, the Centre had stopped the allocation of funds. This issue had created a fierce political tussle between the Trinamool and the BJP.

The Landmark Order of the Calcutta High Court

Amidst this stalemate, the Paschim Banga Khet Mazdoor Samity (PBKMS) filed a public interest litigation (PIL) in the Calcutta High Court. During the hearing of that case, the division bench of Calcutta High Court’s Chief Justice T.S. Sivagnanam made a significant observation. The court stated that the scheme “cannot be kept in cold storage forever.”

The court gave clear instructions:

• The 100-day work must be resumed in the state from August 1.
• Strict action must be taken against those who have received wages illegally or under fictitious names.
• However, the cases of those who have genuinely worked must be considered with humanity, and a line should be drawn.

The Supreme Court’s Final Stamp

The Centre had gone to the Supreme Court challenging this order of the Calcutta High Court. But the Supreme Court upheld the High Court’s verdict as final. This ruling means that the 100-day work, which has been stalled for nearly three years in the state, is set to begin again. It is expected to alleviate the distress and the problem of labour migration that had arisen in rural areas. The central government must now clear the state’s pending dues, which comes as a major relief for Bengal’s rural economy.