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The Gujarat High Court is hearing an important case related to the appointment of the Lokayukta in Gujarat. The issue is whether the Governor can appoint the Lokayukta at his discretion or whether appointment can be made only upon obtaining the aid and advice of the Council of Ministers led by the Chief Minister. During the period 2006-2010, the Gujarat state government submitted names of two prospective appointees for the post of Lokayukta to the Governor. But no appointment was made during this period. On August 26, 2011 the Governor appointed retired judge R.A.Mehta as Lokayukta, whose name was not among those submitted by the state government. The Gujarat state government moved the High Court to quash the appointment on the ground that the Governor made the appointment without the aid and advice of the Council of Ministers led by the Chief Minister. Section 3 of the Gujarat Lokayukta Act, provides in part that “the Governor shall by warrant under his hand and seal, appoint a person to be known as Lokayukta”. The Governor acted under this section to make the appointment of Lokayukta. However, the state government has argued that section 3 has to be understood in light of Article 163(1) of the Constitution. Article 163(1) provides that the Governor shall be aided and advised in the exercise of his functions by a Council of Ministers with the Chief Minister at the head. Thus, as per this line of argument, the Governor violated the provision of Article 163(1) when she failed to take the aid and advice of the Council of Ministers led by the Chief Minister before exercising the function of appointing the Lokayukta. At the time of writing this post, news reports suggested that the two judges hearing the case are divided over the issue. It remains to be seen whether this issue will be referred to a larger bench. The outcome of this case could have wider implications on the constitutional role of governors if it sets guideposts on the extent to which they act independent of the advice of the council of ministers.
In the recently concluded Monsoon Session of Parliament , the Parliamentary Standing Committee on Rural Development released a report on the implementation of the Mahatma Gandhi National Rural Development Act, 2005 (MGNREGA). This blog provides a brief introduction to the key provisions of MGNREGA , followed by an overview of the major findings and recommendations of the Standing Committee.
I. MGNREGA: A brief introduction
A. Objectives: MGNREGA, which is the largest work guarantee programme in the world, was enacted in 2005 with the primary objective of guaranteeing 100 days of wage employment per year to rural households. Secondly, it aims at addressing causes of chronic poverty through the 'works' (projects) that are undertaken, and thus ensuring sustainable development. Finally, there is an emphasis on strengthening the process of decentralisation through giving a significant role to Panchayati Raj Institutions (PRIs) in planning and implementing these works.
B. Key features:
MGNREGA was implemented in phases, starting from February 2006, and at present it covers all districts of the country with the exception of those that have a 100% urban population. The Act provides a list of works that can be undertaken to generate employment related to water conservation, drought proofing, land development, and flood control and protection works. Table 1 provides information regarding employment generation and expenditure under MGNREGA.
Table 1: MGNREGA: Key indicators
Year |
Number of households provided employment (in crore) |
Average number of person days of work per household |
Total Expenditure (in lakh) |
2006-07 |
2.10 |
43 |
8823.35 |
2007-08 |
3.39 |
42 |
15856.88 |
2008-09 |
4.51 |
48 |
27250.10 |
2009-10 |
5.25 |
54 |
37905.23 |
2010-11 |
5.49 |
47 |
39377.27 |
2011-12* |
4.99 |
43 |
38034.69 |
2012-13** |
4.25 |
36 |
28073.51 |
Source: Standing Committee on Rural Development; PRS. Note: *Provisional ** As on 31.01.2013
II. Findings and Recommendations of the Standing Committee on Rural Development
A. Achievements: The Standing Committee highlighted several achievements of MGNREGA in the seven years of its implementation, especially:
B. Challenges: However, the Committee found several issues with the implementation of the scheme. As Table 1 (above) shows, the average number of days of employment provided to households has been lower than the mandated 100 days, and has been decreasing since 2010-11. Key issues that the Committee raised include
Table 2: Work completion rate
Year |
Work completion rate (%) |
2006-07 |
46.34 |
2007-08 |
45.99 |
2008-09 |
43.76 |
2009-10 |
48.94 |
2010-11 |
50.86 |
2011-12* |
20.25 |
2012-13* |
15.02 |
Total | 33.22 |
Source: Standing Committee on Rural Development. Note: * As on 30.01.2013
C. Recommendations: The Committee made the following recommendations, based on its findings: