Saturday, 28 December 2024

World's largest employment guarantee program - Conclusion

In this final episode of MGNREGA, we shall look into an important aspect of the scheme which defies the naysayers who complain of MGNREGA funds being misappropriated by the middleman and hence against an central scheme pertaining to involvement in financially consuming job schemes. 

Since Independence, thousands of crores of rupees are spent by the central and state governments and various national agencies for social development programmes. However, the impact it has made is below the expectation. Huge gaps between the desired impact and the actual impact warrant the need to think deeply about their failures.This calls for the introduction of social audit to eliminate loopholes of programme/scheme implementation. Social auditing values the voices of stakeholders, including marginalized/poor groups whose voices are rarely heard, and influences the governance.

With a view to plugging the loopholes, social audit has been integrated
into the MGNREGS. Fundamental objectives of social audit under MGNREGS are to ensure that the activity or project designed and implemented in a manner suitable for the prevailing (local) conditions reflect the priorities and preferences of those affected by it appropriately and serve public interest. Developing a sense of ownership amongst the beneficiaries and empowering the communities through the MGNREGS are also its objectives. Social audit includes the quantity and quality of works in relation to the expenses incurred, disbursement made, number of works/materials used and also selection of works and location of works. Thus, the aim is effective implementation and control of irregularities. Coupled with the Right to Information Act, social audit acts as check bulb in revealing and ultimately reducing corruption, malpractices and deviations.

The main objective of social audit is to ensure public accountability in the implementation of projects, laws and policies (GOI,MoRD,2013). The other objectives include:

1. Assessing the physical and financial gaps between needs and resources
available for local development;

2. Creating awareness among beneficiaries and providers of local social
and productive services;

3. Increasing efficacy and efficiency of local development programmes;

4. Scrutiny of various policy decisions, keeping in view stakeholder
interests and priorities particularly of rural poor and etc.

Source: https://nehu.ac.in/public/downloads/Journals/NEHU-JOURNAL-Jan-Dec-2017-A3.pdf


Tuesday, 24 December 2024

Know your judiciary - The Constitutional Bench

Evolution of justice amidst a world which finds the ways to escape long hands of justice is enthralling. The time spent to trick the judiciary if used to understand the underneath basics which is nothing but to make this world better place for everyone was followed then most of the unnecessary sufferings might have been put on hold.

When we speak about justice in India, we cannot avoid the exclusivity of the royal heads whose words forms the basis of justice to then ruled people. Then came the panchayats where a group of village heads (basically from dominant caste) would decide the terms of justice to the victims.

With the arrival of British, judiciary found its relevance in the form of court rooms. There are many court room dramas which have even been adapted in films to upgrade the way justice was viewed by the people who were till then only passive players when it comes to seeking impartial justice.

Highest level of justice in country to disperse most of complicated cases of judiciary is delivered through constitutional benches.

A Constitution Bench is a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. A vast majority of cases before the Supreme Court are heard and decided by a bench of two judges (called a Division Bench), and sometimes of three. Constitution Benches are exceptions, set up only if one or more of the following circumstances exist: 

  1. The case involves a substantial question of law pertaining to the interpretation of the Constitution [see Article 145(3) of the Constitution, which mandates that such matters be heard by a bench of not less than five judges];
  2. The President of India has sought the Supreme Court’s opinion on a question of fact or law under Article 143 of the Constitution [again, see Article 145(3)]; 
  3. Two or more three-judge benches of the Supreme Court have delivered conflicting judgments on the same point of law, thus warranting a definitive pronouncement by a larger bench; 
  4. A later three-judge bench doubts the correctness of a judgment delivered by a previous three-judge bench of the Supreme Court, and decides to refer the case to a larger bench for a reconsideration of that earlier judgment.

Presently, Constitution Benches are set up on an ad hoc basis as and when the need arises. The idea behind a Constitution Bench is clear: it is constituted in rare cases to decide important questions of fact or legal and/or constitutional interpretation.

Having seen such a sophisticated setup in delivery of justice to the needy it is still a misfortune when a judge says that he was delivering the justice on behalf of God which nowhere makes a mention in the Constitution or the law books only demonstrating that we as a civilization have never been freed from the shackles of seeking God externally.


Friday, 20 December 2024

World's largest employment guarantee program - Part 3

 In this third part series regarding MGNREGA, we would see how the rural job guarantee scheme along with other government schemes acted as a cushion in minimizing the onslaught of corona outbreak on rural economy which otherwise had very much potential in creating an unrest through out the interiors of the country with the arrival of migrant workers from urban areas which experienced shutdowns for months together. 

Along with Prime Minister Garib Kalyan Anna Yojana (PMGKAY), the time-tested job scheme or MGNREGA came as a big relief for millions of migrant workers who returned to their villages in most desperate conditions. As said earlier, the Union government pumped an additional Rs. 40,000 crore to the existing budget allocation for 2020-21 taking it to Rs 1,01,500 crore. Further, wage rate was enhanced from Rs 182 to Rs 202. MGNREGA which acts like social protection by providing 100 days’ work to a member of rural household had generated unprecedented demand during corona lockdown.

To illustrate, a record number of 175.97 crore person days has been created. In a desperate bid for survival, return migrants have steadily turned to the scheme and the job demand has witnessed an unprecedented rise with states like Uttar Pradesh (UP) (57.13 lakh workers), Rajasthan (53.45 lakh workers) and Andhra Pradesh  (36 lakh workers) leading the trend. Reports claim that in at least 26 states, more households have demanded work in the first 25 days of June alone than the average of the past seven years (2013-14 to 2019-20).

However, there were glitches in this too especially meeting the work demand.  As per recent data,  27.78 lakh households in 31 districts of UP availed work during corona year as compared to 6.71 lakh households in the last year. The challenge was that there was no work days left in the state quota for coming months. Similar situation was faced in other states such as Chhattisgarh, Bihar, Odisha, Jharkhand, West Bengal among others. Second issue about MGNREGA is that while the scheme has come as big relief in the time of crisis, its major drawback is it is meant for unskilled workers. The diversification of the scheme is a far cry to which not many governments have paid serious attention. Its scope can easily spread to agriculture, dairy, poultry, horticulture, vegetable cultivation and others allied rural activities, even skill training.

Source: https://www.orfonline.org/expert-speak/covid19-and-indias-informal-workers-a-scrutiny-of-states-response

To be continued....

Saturday, 14 December 2024

World's largest employment guarantee program - Part 2

In this second part of the four part series I would like to highlight the role of MGNREGA in adding value to the Constitution of India.

From the MGNREGA government website, MGNREGA provides a legal guarantee for 100 days of employment per year to every rural household in India. This ensures that eligible households have access to a minimum level of employment, helping alleviate poverty and providing a safety net during periods of economic distress.

The primary objective of MGNREGA is to enhance the livelihood security of rural households by promoting sustainable rural development. The program emphasizes the creation of productive assets such as water conservation structures, rural roads, and other infrastructure projects that contribute to the overall development of rural areas.

MGNREGA is designed to be demand-driven, meaning that employment opportunities are created in response to the expressed demand from the rural community. The beneficiaries have the right to demand work, and the government is obligated to provide employment within 15 days of such a demand.

The act promotes the active participation of women in the workforce. One-third of the beneficiaries are women, and efforts are made to ensure that at least 50% of the workers are women. This not only contributes to women's empowerment but also addresses gender disparities in rural employment.

Continued....

Saturday, 7 December 2024

World's largest employment guarantee program - Part 1

This loksabha election has given new identity to the central force of Indian governance i.e. our beloved Constitution which was till then a dear only amongst lawyers and department of justice who would refer to the constitution while giving judgement to many cases involving governmental disputes.

As there was an interest created amongst the masses regarding the prowess of constitution which act like a bible to the country citizens while dealing with government agencies, so there are organizations who bicker between each other to identify themselves as custodians of constitution. 

To be true no organization which promotes identity politics and less of ideology based functioning would like to see a strong constitution endangering their individualistic identity.

Having said that a majority of politicians shy away from empowerment of constitution so what else does guarantee an acceptance of our hard earned constitution amongst the masses is the question of the day. The answer is simple it is the government schemes that takes the constitution to nook and corner of the country.

There are many schemes enacted by the government that empowers the stature of the constitution amongst the masses and one such jewel that outshines the others is the Mahatma Gandhi National Rural Employment Guarantee Act, 2005. In a four part series I would like to put forth before you the salient features of MGNREGA act and its various levels of contribution to act as a messenger in bringing the masses into the ambit of the constitution.

Keep watching this space.