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1 September 2026

Supreme Court on MGNREGA and Right to Work

This topic involves a major legislative shift in a flagship welfare scheme and raises critical constitutional questions regarding the right to work and the doctrine of non-retrogression, making it highly likely to be tested in GS2.

2 min read Day 17 of 17 2 questions 2 prelims

Notes

  • MGNREGA was a demand-driven, statutory right-to-work framework providing up to 100 days of employment per rural household.
  • In July 2025, the Viksit Bharat — Guarantee for Rozgar & Ajeevika Mission (Gramin) (VB-GRAM G) Act replaced MGNREGA.
  • Data shows a 68% decrease in employment during July and August compared to the five-year average under MGNREGA.
  • Constitutional debate: Right to work is placed in the Directive Principles of State Policy (Article 41) rather than as a Fundamental Right, reflecting a balance between welfare aspirations and fiscal capacity.
  • Judicial precedents: Olga Tellis vs Bombay Municipal Corporation (1985) linked livelihood to the right to life (Article 21); Sanjit Roy vs State of Rajasthan (1983) held that sub-minimum wages violate Article 23 (forced labour).
  • Doctrine of Non-retrogression: As affirmed in Navtej Singh Johar vs Union of India, the state cannot implement measures that deliberately undo previously achieved levels of progressive legislation and rights.
  • Economic concerns: The new Act faces criticism for arbitrary funding caps, delinking wages from minimum wage standards, and potential exclusion of areas, impacting rural purchasing power and economic multiplier effects.

Part of a longer story

This is day 17 of 17 in Replacement of MGNREGA with Viksit Bharat-Guarantee for Rozgar and Aajeevika Mission, which has been running since 24 June 2026. Reading it whole is usually worth more than reading today alone — the exam asks how something developed.

Questions

  1. Discuss the constitutional status of the 'Right to Work' in India, balancing the provisions of the Directive Principles of State Policy with the judicial interpretation of Fundamental Rights. 150 words
    Attempt this — 150 words in 8 min
    0 / 150 words 8:00
  2. Examine the 'doctrine of non-retrogression' in the context of social welfare legislation. How does this judicial principle serve as a check on state power when transitioning between employment guarantee frameworks? 250 words
    Attempt this — 250 words in 11 min
    0 / 250 words 11:00

Prelims

  1. Which Article of the Indian Constitution directs the State to make effective provision for securing the right to work, within the limits of its economic capacity?

  2. In the case of Sanjit Roy vs State of Rajasthan (1983), the Supreme Court observed that payment of wages below the minimum wage is equivalent to:

Syllabus

Topics

Sources

250words.in · https://250words.in/daily/2026-09-01/supreme-court-on-mgnrega-and-right-to-work