Introduction
Today's analysis covers significant shifts in India's statutory landscape. From a major legislative proposal to overhaul rural employment guarantees to the full constitution of the Central Information Commission after nearly a decade, these developments carry substantial weight for constitutional rights and administrative law.
1. Legislative Overhaul: The Viksit Bharat- Guarantee For Rozgar And Ajeevika Mission (Gramin) Bill, 2025
The Union Government has introduced the Viksit Bharat- Guarantee For Rozgar And Ajeevika Mission (Gramin) (VB-G RAM G) Bill, 2025. This proposed legislation aims to repeal and replace the landmark Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), 2005, signaling a fundamental shift in the legal framework of welfare rights.
A. From Rights-Based to Supply-Driven
The core legal distinction between the existing Act and the new Bill lies in the nature of the obligation:
MGNREGA Model: Functioned as a "Demand-Driven" law. If a citizen demanded work, the State was legally bound to provide it, making the right reside primarily with the citizen.
New Bill Model: Proposes a "Supply-Driven" framework. The State determines the scope and budget first. Employment guarantees are no longer universal but restricted to areas explicitly notified by the Union Government.
B. Constitutional Framework
Article 41 (DPSP): The Bill draws its constitutional validity from Article 41, which directs the State to secure the Right to Work and public assistance in cases of unemployment within the limits of its economic capacity.
Article 21 (Right to Life): Legal experts note that the Supreme Court has previously interpreted the "Right to Life" to encompass the "Right to Livelihood" (e.g., Olga Tellis v. Bombay Municipal Corporation). Any statutory dilution of existing employment guarantees may invite judicial scrutiny under Article 21.
C. Statutory Obligations
Unemployment Allowance: The Bill retains a critical safeguard: if the State fails to provide work within 15 days of a valid demand in a notified area, it incurs a Statutory Liability to pay an unemployment allowance.
Wage Guarantee: The Bill proposes a legal guarantee of 125 days of wage employment per household, an increase from the 100 days mandated by MGNREGA.
2. Institutional Update: Central Information Commission (CIC)
After a nine-year hiatus, the Central Information Commission is fully constituted with the appointment of Raj Kumar Goyal as the Chief Information Commissioner (CIC).
A. Legal Nature & Powers
The CIC is the final appellate authority under the RTI Act. It functions as a Quasi-Judicial Body, not a constitutional one.
Civil Court Powers: Under Section 18 of the RTI Act, 2005, the Commission is vested with the powers of a Civil Court when inquiring into complaints. This includes:
Summoning and enforcing the attendance of persons.
Compelling the production of documents.
Receiving evidence on affidavit.
B. Security of Tenure & Removal
To ensure independence from the Executive, the Chief Information Commissioner acts with security of tenure.
Grounds for Removal: Proved misbehavior or incapacity.
Procedure: The President can remove the CIC only after a Supreme Court inquiry confirms the charges. This procedure distinguishes the CIC from standard bureaucratic posts.
C. The Appointment Committee
The selection is made by a high-powered committee comprising:
The Prime Minister (Chairperson)
The Leader of Opposition in the Lok Sabha
A Union Cabinet Minister (nominated by the PM)
Note: The Chief Justice of India is not a member of this committee.
3. Intersection of Science & Law: GenomeIndia Project
The Department of Biotechnology (DBT) has announced the completion of sequencing 10,000 genomes under the GenomeIndia Project.
Legal Implications:
Data Sovereignty: The initiative emphasizes creating an indigenous reference map. This aligns with the principle of Data Sovereignty—ensuring that sensitive genetic data of Indian citizens remains within the jurisdiction of Indian laws, a key aspect of the recent Digital Personal Data Protection Act.
Key Legal Takeaways
New Legislation: Viksit Bharat- Guarantee For Rozgar And Ajeevika Mission (Gramin) Bill, 2025.
Key Constitutional Article: Article 41 (Directive Principles of State Policy) – Right to Work, Education, and Public Assistance.
Person in News: Raj Kumar Goyal (New Chief Information Commissioner).
Statutory Body Status: The CIC is a Statutory Body created by the RTI Act, 2005. It is not a Constitutional Body.
CIC Removal: The President removes the CIC, but strictly based on a Supreme Court inquiry.
CIC Tenure: Holds office for a term prescribed by the Central Govt or until age 65. They are ineligible for reappointment.
❓ Frequently Asked Questions (FAQs)
Q1: Is the "Right to Work" a Fundamental Right in India?
Answer: No. The "Right to Work" is not explicitly a Fundamental Right. It is part of the Directive Principles of State Policy (DPSP) under Article 41. However, the Supreme Court has often interpreted the "Right to Life" (Article 21) to encompass the means of livelihood, making it a derived right, but it is not directly enforceable without a specific statute like MGNREGA.
Q2: Who is excluded from the committee that appoints the Chief Information Commissioner?
Answer: This is a common trick question. The Chief Justice of India (CJI) is NOT a member of the selection committee. The committee strictly comprises the Prime Minister, the Leader of Opposition (Lok Sabha), and a Union Cabinet Minister.
Q3: Can the Chief Information Commissioner be removed by the President solely on the Prime Minister's advice?
Answer: No. The President can remove the CIC for misbehavior or incapacity only after an inquiry by the Supreme Court has validated the charges. This ensures the CIC's independence from executive pressure.
Q4: Under the new "Viksit Bharat Bill, 2025," is the employment guarantee applicable to all rural households automatically?
Answer: No. Unlike MGNREGA which was universal, the new Bill proposes that the guarantee applies only in rural areas specifically notified by the Union Government.
Q5: What is the maximum age tenure for a Chief Information Commissioner?
Answer: The Chief Information Commissioner holds office for a term prescribed by the Central Government or until they attain the age of 65 years, whichever is earlier. They are also ineligible for reappointment.
Q6: Does the Central Information Commission have the power to punish public officials?
Answer: Yes. As a quasi-judicial body, the CIC can impose a penalty (currently up to ₹25,000) on Public Information Officers (PIOs) for refusing to receive applications, delaying information release without cause, or destroying information.