Chennai: Madras high court on Thursday observed that the VB-G-RAM-G (Viksit Bharat – Guarantee for Rozgar and Ajveevika Mission (Gramin) Act is a policy decision of the Union govt and the courts can’t interfere in it.“What is there for us to do? The scheme is a policy of the Union govt. If you are not happy with this, then wait for the elections. These are all statutory policies on sharing liabilities with the states,” said the first bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan.The bench made the observations while hearing a plea moved by an advocate, challenging eight provisions of the VB-G-RAM-G Act. He alleged that the provisions of the Act were anti-federal and ultra vires of the Constitution. Earlier, the court censured the petitioner for not filing a proper affidavit and grounds for challenge and said, “You (petitioner) say that this new scheme is violative of the Constitution, so in what manner is it violative?”“Is the minimum number of days guaranteed in MGNREGA reduced in the new Act,” the bench wondered. To this, the counsel for the petitioner submitted that though the number of days providing work increased, it came with conditions. The Centre took all the powers affecting the federal system. Earlier, the decision-making power was with the respective panchayat, but now it was transferred to the Central govt, he said.“What is a federal system? Even earlier, it was Central legislation,” the bench said, and adjourned the hearing for the petitioner to file a better affidavit and grounds of challenge.According to advocate T Sivagnanasambandan, Sections 3(1), 4(5), 5(1), 6(2), 22, 34, 30, and 37 of the Act are unconstitutional. He said excessive centralisation under the provisions of the law violated federalism, a basic feature of the Constitution. The Act centralised planning, fund allocation, wage fixation, the nature of work, monitoring, and implementation, leaving states with no effective autonomy.
