Click to play videoNew Delhi: The big divide between Prime Minister Manmohan Singh and Rural Development Minsiter Jairam Ramesh over the minimum wage level under the National Rural Employment Guarantee Act or the NREGA is set to worsen, with the former favouring filing a Special Leave Petition (SLP) with the Supreme Court, challenging a Karnataka High Court judgment that says MNREGS wages cannot be less than the minimum wages notified by the states.
CNN-IBN has access to the letters exchanged between the Prime Minister and the Rural Development Minister.
On December 19, 2011, the Prime Minister wrote to Jairam Ramesh saying, "The decision to file an SLP against the 23.09.2011 Karnataka High Court order was taken in the meeting chaired by the principle secretary in the light of the considered opinion of the law ministry.
"Amending the MNREG Act and the Minimum Wages Act as suggested by you is likely to take some time. These options could be considered after a special leave petition is filed.
"We should also keep in mind the pending case before the Andhra High Court. I would, therefore request you to proceed with filing a Special Leave Petition in the Supreme Court in consultation with the Law Ministry.
"In any case, I strongly suggest that all efforts be made to ensure that the order of the Andhra Pradesh High Court does not become absolute and final without the government being able to have the matter considered further from all aspects."
The very next day, Jairam, in his response letter, gave the go-ahead to file an SLP, but pointed out that both the Attorney General and the Additional Solicitor General had opined that it would not stand legal test and that the route suggested by him was superior in every way.
The Rural Development minister also argued that he feared the atmospherics of filing an SLP could go against the government.
"My opposition of filing an SLP is because of (i) an earlier opinion of AG (Attorney General) dated December 7, 2010 and that of the ASG (IJ) dated June 9, 2010," he wrote.
"(ii) Chairperson, NAC letter to PM dated November 11, 2010; (iii) my own view that the route suggested in my letter to you dated October 30, 2011 is a superior option in every way to filing an SLP.
"I am also of the opinion that somehow the atmospherics associated with the filing of a SLP will go against us," he said.
Social activist Nikhil Dey has, meanwhile, said that it is shocking that the Prime Minister "should persist in this".
In 2010, Sonia Gandhi had written to the Prime Minister strongly arguing for the MNREGS wages to not be less than minimum wages fixed by the states. The government responded by indexing the MNREGA wage rate to the Consumer Price Index, but sticking to its position that, statutorily, the wage rate under MNREGS is de-linked and independent of the Minimum Wages Act. The Supreme Court verdict could show the road ahead now.
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