The Madras High Court closed a public interest litigation that had challenged certain provisions of a Central law replacing the Mahatma Gandhi National Rural Employment Guarantee Act, following a request by the petitioner to withdraw the case. The matter was heard by a Bench comprising Chief Justice SA Dharmadhikari and Justice G Arul Murugan, which permitted the withdrawal after raising a query regarding the maintainability of the petition. The petitioner, upon being questioned by the Court, chose to withdraw the plea with liberty to file a fresh petition after conducting proper research, leading to the closure of the case.
The petition had been filed challenging multiple provisions of the Viksit Bharat – Guarantee for Rozgar and Ajeevika Mission (Gramin) Act, which has been enacted as a replacement for the earlier employment guarantee legislation. The petitioner contended that several provisions of the new law were unconstitutional and violated the federal structure of governance. It was argued that the provisions were ultra vires Articles 245 and 246 of the Constitution, which deal with the distribution of legislative powers between the Union and the States.
According to the plea, the Act legislated on matters that fall within the State List and the Concurrent List, including areas such as rural employment, agricultural labour, panchayat administration, and local self-government. The petitioner alleged that despite these subjects traditionally falling within the domain of State governments, the new legislation granted overriding control to the Union government. This, it was claimed, undermined the principles of federalism and encroached upon the legislative competence of the States.
The petition specifically challenged a number of provisions within the Act. One of the provisions questioned required State governments to frame schemes consistent with the Act within a specified period from its commencement. Another provision authorized the Central government to determine state-wise allocations based on parameters prescribed by it, thereby centralizing financial decision-making. The plea also challenged provisions mandating that State governments provide a minimum number of days of guaranteed employment in notified rural areas, as determined by the Central government, under schemes framed pursuant to the Act.
Further provisions under challenge included those requiring State governments to notify certain periods during the financial year, particularly during peak agricultural seasons, when works under the Act would not be undertaken. The petitioner also objected to provisions relating to the nature of the scheme and the pattern of fund sharing between the Centre and the States, arguing that these too reflected excessive central control. Additional provisions were questioned on the ground that they conferred rule-making powers on State governments in a manner that was inconsistent with the constitutional scheme and subjected such powers to overarching central authority.
The petition also took issue with provisions that granted overriding effect to the Act and any schemes framed under it, suggesting that such clauses could override existing laws and frameworks. Another significant aspect of the challenge was directed against the provision that repealed the earlier employment guarantee law upon the notification of the new Act. The petitioner contended that this transition further reinforced the centralizing tendency of the new legislation and displaced an existing statutory framework that had recognized a more balanced distribution of powers.
When the matter was taken up for hearing, the Bench raised a fundamental question regarding whether the legality of specific provisions of a statute could be challenged through a public interest litigation. This query went to the root of the maintainability of the petition and prompted the Court to seek clarification from the petitioner. The petitioner, however, was unable to provide a satisfactory response to this issue during the hearing.
In light of this, the Court indicated that the petitioner could consider withdrawing the plea and refiling it after conducting adequate legal research and framing the challenge appropriately. The petitioner accepted this suggestion and sought permission to withdraw the petition with liberty to file a fresh plea. The Court accordingly dismissed the petition as withdrawn, thereby closing the proceedings without examining the merits of the challenge.
The order of the Court made it clear that the dismissal was not a reflection on the substantive issues raised in the petition but was based on the procedural aspect concerning the maintainability of the case. By granting liberty to file a fresh plea, the Court left open the possibility of a renewed challenge to the provisions of the Act, provided that such a challenge is presented in a manner that satisfies the legal requirements for adjudication.
The case thus concluded at a preliminary stage, with the Court refraining from making any observations on the constitutional validity of the provisions in question. The issues raised in the petition, including concerns about federalism, legislative competence, and the distribution of powers between the Centre and the States, remain open for consideration in any future proceedings that may be initiated in accordance with law.
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