Mahatma Gandhi National Rural
Employment Guarantee Act (MGNREGA)
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1. What is the Act? (Overview)
- MGNREGA is a social security measure and labour law enacted by the Indian government in 2005.
It was renamed in 2009 as the Mahatma Gandhi National Rural Employment Guarantee Act.
- The Act guarantees 100 days of wage employment in a financial year to every rural household
whose adult members volunteer to do unskilled manual work.
- It aims to enhance livelihood security in rural areas and create durable assets like roads, canals,
ponds, and wells.
- MGNREGA is implemented mainly by Gram Panchayats (GPs), and the involvement of contractors
is banned.
- It is the largest social security and public works program in the world, covering all districts of India
since April 2008.
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2. Key Provisions
1. Employment Guarantee:
- Every rural household is entitled to 100 days of employment per year.
- If work is not provided within 15 days of applying, the applicant is entitled to an unemployment
allowance.
2. Wage Payment:
- Wages are paid according to the Minimum Wages Act, 1948, and must be the same for men and
women.
- Wages are paid weekly or within a fortnight, directly into the worker’s bank or post office account.
3. Work Location:
- Work must be provided within a 5 km radius of the applicant’s residence. If work is beyond 5 km,
an additional 10% wage is provided for transportation.
4. Women’s Participation:
- At least one-third of the beneficiaries must be women.
- Worksite facilities like crèches, drinking water, and shade are provided to encourage women’s
participation.
5. Transparency and Accountability:
- Social audits are conducted every six months to ensure transparency.
- An ombudsman is appointed in each district to address complaints.
- All information related to the scheme is proactively disclosed on the MGNREGA portal.
6. Funding:
- The Central Government bears 100% of the wage cost and 75% of the material cost.
- The State Government covers the remaining 25% of the material cost and administrative expenses.
7. Asset Creation:
- At least 60% of the works must be related to agriculture and water conservation.
- The Act focuses on creating durable assets that benefit the community, such as roads, ponds, and
wells.
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3. Economic Impact/Economic Analysis
1. Poverty Alleviation:
- MGNREGA has provided a stable income source for rural households, especially during the lean
agricultural season.
- It has helped reduce rural poverty by increasing the per capita income of beneficiaries.
2. Employment Generation:
- The Act has generated millions of person-days of employment, providing jobs to landless
labourers and marginal farmers.
- During the COVID-19 pandemic, MGNREGA played a crucial role in providing employment to
rural workers who lost their jobs.
3. Women Empowerment:
- Women’s participation in MGNREGA has been consistently high, averaging over 40%.
- The Act has empowered women by providing them with equal wages and economic independence.
4. Asset Creation and Rural Development:
- MGNREGA has led to the creation of durable assets like roads, canals, and water conservation
structures, which have improved rural infrastructure.
- These assets have also contributed to environmental benefits, such as groundwater recharge and
soil conservation.
5. Financial Inclusion:
- The Act has encouraged financial inclusion by mandating wage payments through bank accounts.
Over 90 million bank accounts have been opened under the scheme.
6. Challenges:
- Implementation Issues: Delays in wage payments, lack of technical capacity at the local level, and
poor quality of assets created are some of the challenges.
- Regional Disparities: Some states, like Bihar and Jharkhand, have lower enrolment rates and fund
utilization compared to others.
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4. Case Laws
1. People’s Union for Civil Liberties (PUCL) vs. Union of India (2001):
- This case highlighted the issue of starvation deaths in India and led to the demand for a right to
work.
- The Supreme Court’s intervention played a key role in the eventual enactment of MGNREGA in
2005.
2. Social Audit Cases:
- Social audits under MGNREGA have uncovered several instances of corruption and misuse of
funds.
- For example, in Andhra Pradesh, social audits revealed that fake job cards were issued, and wages
were siphoned off by officials. This led to corrective measures and improved transparency.
3. Unemployment Allowance Cases:
- In several states, beneficiaries have approached courts when they were not provided work within
15 days or were not paid the unemployment allowance as mandated by the Act.
- These cases have reinforced the legal entitlement of workers under MGNREGA.
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Conclusion:
MGNREGA is a landmark legislation that has significantly contributed to poverty alleviation, rural
development, and women empowerment in India. Despite challenges in implementation, the Act has
provided a safety net for millions of rural households and created durable assets that benefit the
community. Moving forward, addressing issues like delayed payments, regional disparities, and asset
quality will be crucial for the continued success of the scheme.
Right to Education (RTE) Act, 2009
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1. What is the Act? (Overview)
- The Right to Education (RTE) Act, 2009 is a landmark legislation enacted by the Indian government
to provide free and compulsory education to all children aged 6 to 14 years.
- The Act came into force on April 1, 2010, and is based on Article 21-A of the Indian Constitution,
which guarantees the right to education as a fundamental right.
- The RTE Act aims to ensure that every child has access to quality education and to bridge the gap
between different sections of society by promoting inclusive education.
- It is one of the key components of India’s efforts to achieve Universal Elementary Education (UEE).
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2. Key Provisions
1. Free and Compulsory Education:
- The Act mandates that every child between the ages of 6 and 14 has the right to free and
compulsory education in a neighborhood school.
- No child can be denied admission or charged fees for elementary education.
2. Admission and Non-Discrimination:
- Schools cannot discriminate against children based on caste, religion, gender, or economic status.
- 25% of seats in private schools are reserved for children from economically weaker sections
(EWS) and disadvantaged groups, and the government reimburses the cost of their education.
3. Infrastructure and Teacher Standards:
- Schools must meet certain infrastructure standards, including having proper classrooms, toilets,
drinking water, and playgrounds.
- The Act specifies teacher-student ratios (1:30 for primary and 1:35 for upper primary) and requires
that all teachers have the necessary qualifications.
4. No Detention Policy:
- The Act initially introduced a no-detention policy, which meant that no child could be held back
until the completion of elementary education (up to Class 8). However, this policy was later amended
in 2019 to allow states to detain students in Class 5 and Class 8 if they fail exams.
5. Special Provisions for Disadvantaged Groups:
- The Act provides special provisions for children from disadvantaged groups (e.g., Scheduled
Castes, Scheduled Tribes) and children with disabilities to ensure their inclusion in mainstream
education.
6. School Management Committees (SMCs):
- Every school must have a School Management Committee (SMC) with 75% representation from
parents to oversee the functioning of the school and ensure accountability.
7. Monitoring and Grievance Redressal:
- The Act establishes mechanisms for monitoring and grievance redressal to ensure compliance with
its provisions.
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3. Economic Impact/Economic Analysis
1. Increased Enrollment:
- The RTE Act has led to a significant increase in school enrollment rates, especially among
children from marginalized communities.
- The Gross Enrollment Ratio (GER) at the elementary level has improved, indicating that more
children are attending school.
2. Reduction in Dropout Rates:
- The Act has contributed to a decline in dropout rates, particularly among girls and children from
disadvantaged groups.
3. Social and Economic Inclusion:
- By reserving 25% of seats in private schools for EWS and disadvantaged groups, the Act has
promoted social inclusion and reduced economic disparities in access to quality education.
4. Long-Term Economic Benefits:
- Educating children has long-term economic benefits, including higher earning potential, reduced
poverty, and improved productivity.
- The Act contributes to the development of a skilled workforce, which is essential for India’s
economic growth.
5. Challenges:
- Funding Issues: The implementation of the RTE Act requires significant financial resources, and
many states face challenges in meeting the funding requirements.
- Quality of Education: While enrollment has increased, the quality of education remains a concern,
with many schools lacking adequate infrastructure and trained teachers.
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4. Case Laws
1. Unni Krishnan vs. State of Andhra Pradesh (1993):
- This case laid the foundation for the right to education as a fundamental right under Article 21
(Right to Life) of the Indian Constitution.
- The Supreme Court ruled that the right to education is implicit in the right to life and personal
liberty.
2. Society for Unaided Private Schools of Rajasthan vs. Union of India (2012):
- In this case, the Supreme Court upheld the constitutional validity of the 25% reservation for EWS
and disadvantaged groups in private schools under the RTE Act.
- The Court ruled that the provision does not violate the rights of private schools and is in line with
the goal of inclusive education.
3. Pramati Educational & Cultural Trust vs. Union of India (2014):
- The Supreme Court ruled that the RTE Act is applicable to minority schools as well, but it
exempted unaided minority schools from the 25% reservation requirement.
- The Court held that the right of minority institutions to administer their schools under Article 30 of
the Constitution takes precedence over the RTE Act.
4. Social Jurist vs. Government of NCT of Delhi (2017):
- This case highlighted the issue of non-compliance with the RTE Act by private schools in Delhi.
- The Delhi High Court directed the government to take strict action against schools that were not
adhering to the provisions of the Act, particularly the 25% reservation for EWS students.
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Conclusion:
The Right to Education Act, 2009 is a transformative legislation that has made significant strides in
ensuring access to education for all children in India. It has led to increased enrollment, reduced
dropout rates, and promoted social inclusion. However, challenges such as funding constraints,
quality of education, and implementation gaps need to be addressed to fully realize the potential of the
Act. The RTE Act remains a cornerstone of India’s efforts to achieve universal elementary education
and build a more equitable society.
National Social Assistance Programme
(NSAP)
1. What is the Act? (Overview)
The National Social Assistance Programme (NSAP) is a social welfare scheme introduced by the
Government of India on August 15, 1995. It aims to provide financial assistance to poor households
who are affected by old age or the death of the primary breadwinner. The programme is a significant
step towards fulfilling the Directive Principles of the Indian Constitution (Articles 41 and 42), which
emphasize the state's responsibility to promote the welfare of its citizens. NSAP is designed to ensure
a minimum national standard of social assistance for vulnerable groups, particularly the elderly and
families living below the poverty line.
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2. Key Provisions
The NSAP consists of two main schemes:
1. National Old Age Pension Scheme (NOAPS):
- Provides a monthly pension of ₹75 to destitute individuals aged 65 and above.
- Criteria:
- Must be 65 years or older.
- Must have no regular income or financial support from family or other sources.
- The pension is distributed in at least two instalments per year, and payments are stopped
immediately upon the death of the pensioner.
2. National Family Benefit Scheme (NFBS):
- Provides a one-time compensation of ₹10,000 to families living below the poverty line who lose
their primary breadwinner.
- Criteria:
- The family must be below the poverty line.
- The deceased breadwinner must have been between 18 and 65 years old.
- The compensation is given to the head of the surviving family, and local authorities conduct an
inquiry to determine eligibility.
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3. Economic Impact/Economic Analysis
- Poverty Alleviation: NSAP directly targets the poorest sections of society, particularly the elderly
and families who have lost their primary earners. By providing financial assistance, it helps reduce
economic vulnerability and improves the quality of life for these groups.
- Social Security: The programme acts as a safety net for those who are unable to benefit from other
development programmes due to age or sudden loss of income.
- Financial Flexibility: The programme was transferred to the State Plan in 2002-2003, giving states
more flexibility in implementation and allocation of funds. This allows states to tailor the programme
to their specific needs and priorities.
- Linkages to Other Programmes: NSAP is linked to other poverty alleviation schemes like SGSY
(Swarnajayanti Gram Swarozgar Yojana) and JGSY (Jawahar Gram Samridhi Yojana), ensuring that
beneficiaries receive additional support such as medical care and employment opportunities.
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4. Case Laws
- No specific case laws are mentioned in the document. However, the programme is based on the
Directive Principles of State Policy (Articles 41 and 42 of the Indian Constitution), which guide the
state in promoting social welfare. While these principles are not enforceable by courts, they serve as a
moral and political obligation for the government to implement schemes like NSAP.
- The programme is monitored and evaluated by State Level Committees (SLCs) and District Level
Committees (DLCs), which ensure that funds are utilized properly and that the benefits reach the
intended beneficiaries. Non-compliance or misuse of funds could potentially lead to legal action under
administrative or financial laws, but no specific cases are cited in the document.
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Summary
The National Social Assistance Programme (NSAP) is a crucial social welfare initiative aimed at
providing financial assistance to the elderly and families below the poverty line who have lost their
primary breadwinner. It consists of two main schemes: NOAPS for old-age pensions and NFBS for
family benefits. The programme has a significant economic impact by reducing poverty and providing
social security to vulnerable groups. While no specific case laws are mentioned, the programme is
rooted in the Directive Principles of the Constitution, emphasizing the state's role in promoting
welfare.
