SVKM’s NARSEE MONJEE INSTITUTUE OF MANAGEMENT

STUDIES,

SCHOOL OF LAW, INDORE

B.B.A. LL.B. - Semester VI (2020-2025)

ADMINISTRATIVE LAW RESEARCH WORK

Topic- Ministry of Rural Development

Submitted to: Submitted by:

Dr. Ashutosh Hajela Vipra Vashishtha- 81022019575

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Table of Contents
Abstract ................................................................................................................ 3
Introduction ......................................................................................................... 3
Powers and Functions ....................................... Error! Bookmark not defined.
Accountability Mechanisms ............................................................................... 3
Challenges ............................................................................................................ 4
Current Status and Scenario of Rural Development in India ........................ 4
Schemes launched by Ministry of Rural Development ................................... 5
Mahatma Gandhi National Rural Employment Guarantee Scheme
(NREGS) ........................................................................................................... 5
Pradhan Mantri Gram Sadak Yojana (PMGSY) ......................................... 6
Pradhan Mantri Awas Yojana (PMAY) ........................................................ 6
Deen Dayal Upadhyaya Grameen Kaushalya Yojana (DDU-GKY) .......... 7
Case Laws Related to Ministry of Rural Development in India: ................... 7
Conclusion............................................................................................................ 8

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Abstract
Ministry of Rural Development is a government body concerned for the development of rural
areas in India. It was established in 1999 and is headed by a Cabinet Minister. The Ministry is
responsible for implementing various schemes and programs aimed at improving the quality
of life in rural areas, including poverty alleviation, infrastructure development, and
employment generation. This research work focuses on administrative law aspects of the
Ministry of Rural Development, including its powers and functions, accountability
mechanisms, and challenges faced in implementing its programs.

Introduction
The Ministry of Rural Development is responsible for formulating policies and programs for
the development of rural areas in India. From an administrative law perspective, the ministry's
activities are governed by the Constitution of India and other relevant laws, regulations, and
policies. Let's take a look at some of the administrative law perspectives related to the Ministry
of Rural Development:
Constitutional Provisions: The Constitution of India has various provisions related to rural
development, including directive principles of state policy that creates a compulsion on the
government to promote the welfare of the people by securing a social order that promotes
justice, equality, and fraternity. The Constitution also recognizes the importance of Panchayats
as a means of local self-government in rural areas and provides for the devolution of powers
and functions to them.
Administrative Laws: The activities of the Ministry of Rural Development are governed by
various administrative laws, including the Right to Information Act, 2005. The ministry is also
governed by the Prevention of Corruption Act, 1988, which provides for the punishment of
corrupt officials.
Policy Formulation and Implementation: The Ministry of Rural Development is responsible
for formulating policies and programs for the development of rural areas. The ministry must
ensure that these policies are consistent with the Constitution of India and other relevant laws
and regulations. The implementation of these policies must also be done in accordance with
established procedures and guidelines.
Financial Management: The Ministry of Rural Development is responsible for managing and
utilizing public funds for rural development. The ministry must adhere to financial
management principles and guidelines, including budgeting, accounting, and auditing. The
ministry must also ensure that public funds are used efficiently and effectively to achieve their
intended objectives.
Human Resource Management: The Ministry of Rural Development is responsible for
managing its human resources effectively. This includes recruitment, training, and
development of staff, performance management, and ensuring a healthy and safe work
environment.

Accountability Mechanisms
The Ministry of Rural Development is accountable to the Parliament and the citizens of India
for its performance. There are various accountability mechanisms in place to ensure that the
Ministry performs its functions effectively and efficiently. Some of these mechanisms include:

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Parliamentary Oversight: The Ministry is accountable to the Parliament through various
committees such as the Standing Committee on Rural Development, which scrutinizes the
Ministry's budget and policies.
Performance Monitoring: The Ministry is subject to performance monitoring by various bodies
such as the Comptroller and Auditor General (CAG), which audits the Ministry's accounts and
operations.
Grievance Redressal: The Ministry has a grievance redressal mechanism in place to address
complaints and grievances from citizens regarding the implementation of its programs.

Challenges
The Ministry of Rural Development faces several challenges in implementing its programs
effectively. Some of the key challenges include:
Limited Resources: The Ministry's budgetary allocations are often inadequate to meet the
demands of rural development, leading to delays and inadequate implementation of its
programs.
Corruption: Corruption is a major challenge in the implementation of rural development
programs, with cases of embezzlement, diversion of funds, and misuse of resources being
reported frequently.
Poor Infrastructure: Inadequate infrastructure in rural areas, including poor road connectivity,
lack of electricity and water supply, and poor healthcare facilities, hampers the implementation
of rural development programs.

Current Status and Scenario of Rural Development in India

India is primarily an agrarian economy with a significant population living in rural areas. The
development of these rural areas is crucial for the overall growth and progress of the country.
The Ministry of Rural Development in India has launched several schemes and programs over
the years to promote rural development. Let's take a look at the current status and scenario of
rural development in India:
Poverty alleviation: Poverty remains a significant challenge in rural India. According to the
latest data, around 22% of the rural population in India lives below the poverty line. However,
poverty levels have reduced over the years due to various initiatives and programs launched by
the government.
Education: The literacy rate in rural India has improved significantly over the years. However,
there is still a significant disparity between rural and urban areas. As per the latest data, the
literacy rate in rural areas is around 70%, which is much lower than the urban areas' rate of
85%.
Health and Sanitation: Access to healthcare facilities and sanitation remains a significant
challenge in rural India. According to the latest data, around 63% of rural households in India
do not have access to basic sanitation facilities. There is also a severe shortage of doctors and
medical facilities in rural areas.
Employment: The employment situation in rural areas is still precarious. Agriculture remains
the primary source of employment for rural households. However, due to the fragmented

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landholding pattern, increasing landlessness, and declining productivity, the sector is unable to
provide adequate employment opportunities. The National Rural Employment Guarantee
Scheme (NREGS) has provided some relief to rural households in terms of employment.
Infrastructure: The development of rural infrastructure, including roads, power, and water
supply, remains a significant challenge. Although several initiatives have been launched, there
is still a significant gap between the required and available infrastructure.
Women Empowerment: Women's empowerment remains a critical issue in rural India. While
the government has launched several initiatives to promote gender equality, there is still a long
way to go. Women's participation in the workforce and decision-making processes remains
limited.

Schemes launched by Ministry of Rural Development

The Ministry of Rural Development has launched various schemes and programs aimed at
promoting rural development in India. These schemes have been designed to address various
challenges faced by rural communities, including poverty, unemployment, and inadequate
infrastructure. In this section, we will discuss some of the key schemes launched by the
Ministry of Rural Development, their advantages, shortcomings, and the current scenario from
an administrative perspective.
Mahatma Gandhi National Rural Employment Guarantee Scheme (MNREGS)
NREGS is a landmark scheme launched by the Ministry of Rural Development in 2005, which
guarantees a minimum of 100 days of employment to rural households. The scheme is based
on the principles of the Constitution, including the right to work and the right to livelihood.
Article 411 of the Directive Principles of State Policy (DPSP) states that the State shall make
effective provisions for securing the right to work, education, and public assistance in cases of
unemployment, old age, and sickness.
NREGS is also in line with Article 142 of the Constitution, which guarantees equality before
the law and equal protection of the laws. The scheme provides equal opportunities for
employment to all rural households, irrespective of their caste, creed, or gender. It also
promotes social justice and inclusive growth.
Advantages: NREGS provides guaranteed employment opportunities for a minimum of 100
days to rural households. It promotes inclusive growth, poverty reduction, and rural
development. It also enhances the bargaining power of rural workers, leading to higher wages.
Shortcomings: NREGS faces implementation challenges such as delayed payment of wages,
corruption, and lack of transparency. It also leads to an increase in the demand for unskilled
labor, which may not be sustainable in the long run.
Current Scenario: NREGS has been implemented in all the districts of India. The scheme has
provided employment opportunities to millions of rural households. However, it continues to
face implementation challenges, and there is a need to improve the transparency and
accountability mechanisms to ensure effective implementation.

1
INDIA CONST. art. 41
2
INDIA CONST. art. 14

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Pradhan Mantri Gram Sadak Yojana (PMGSY)
PMGSY is a scheme launched by the Ministry of Rural Development in 2000, aimed at
providing all-weather road connectivity to unconnected habitations in rural areas. The scheme
is based on the principles of the Constitution, including the right to freedom of movement and
the right to life. Article 19(1)(d)3 of the Constitution guarantees the right to freedom of
movement, while Article 214 guarantees the right to life and personal liberty.
PMGSY is also in line with Article 39(b)5 of the DPSP, which states that the State shall direct
its policy towards securing that the ownership and control of the material resources of the
community are so distributed as to subserve the common good. The scheme enhances
connectivity and economic growth in rural areas, leading to the equitable distribution of
resources.
Advantages: PMGSY aims to provide all-weather road connectivity to unconnected habitations
in rural areas. It enhances mobility, connectivity, and economic growth in rural areas. It also
promotes social inclusion and reduces the rural-urban divide.
Shortcomings: PMGSY faces challenges such as inadequate funding, delays in project
implementation, and lack of maintenance. It also leads to the displacement of communities,
loss of biodiversity, and environmental degradation.
Current Scenario: PMGSY has been implemented in all the states of India. The scheme has
provided road connectivity to millions of rural habitations. However, it continues to face
implementation challenges, and there is a need to improve the funding and maintenance
mechanisms to ensure sustainable development.
Pradhan Mantri Awas Yojana (PMAY)
PMAY is a scheme launched by the Ministry of Rural Development in 2015, aimed at
providing affordable housing to rural households. The scheme is based on the principles of the
Constitution, including the right to shelter and the right to life. Article 19(1)(e) 6 of the
Constitution guarantees the right to reside and settle in any part of the territory of India, while
Article 217 guarantees the right to life and personal liberty.
PMAY is also in line with Article 46 of the Constitution, which directs the State to promote
with special care the educational and economic interests of the weaker sections of the people,
and protect them from social injustice and all forms of exploitation. The scheme promotes
social inclusion and reduces homelessness among the weaker sections of rural society.
Advantages: PMAY aims to provide affordable housing to rural households. It promotes social
inclusion, reduces homelessness, and enhances the quality of life in rural areas. It also generates
employment opportunities in the construction sector.
Shortcomings: PMAY faces challenges such as inadequate funding, delays in project
implementation, and lack of transparency. It also leads to the displacement of communities,
loss of biodiversity, and environmental degradation.

3
INDIA CONST. art. 19(1)(d)
4
INDIA CONST. art. 21
5
INDIA CONST. art. 39(b)
6
INDIA CONST. art. 19(1)(e)
7
Supra no. 04

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Current Scenario: PMAY has been implemented in all the states of India. The scheme has
provided housing to millions of rural households. However, it continues to face implementation
challenges, and there is a need to improve the funding and transparency mechanisms to ensure
effective implementation.
Deen Dayal Upadhyaya Grameen Kaushalya Yojana (DDU-GKY)
DDU-GKY is a scheme launched by the Ministry of Rural Development in 2014, aimed at
providing skill development training to rural youth. The scheme is based on the principles of
the Constitution, including the right to education and the right to livelihood. Article 21A 8 of
the Constitution guarantees the right to free and compulsory education to all children between
the ages of 6 and 14 years, while Article 419 of the DPSP directs the State to make effective
provisions for securing the right to work, education, and public assistance.
DDU-GKY is also in line with Article 39(c)10 of the DPSP, which directs the State to ensure
that the operation of the economic system does not result in the concentration of wealth and
means of production to
Advantages: DDU-GKY aims to provide skill development training to rural youth. It enhances
employability, income, and social inclusion in rural areas. It also promotes entrepreneurship
and innovation in rural communities.
Shortcomings: DDU-GKY faces challenges such as inadequate funding, lack of coordination
among stakeholders, and lack of market linkage. It also leads to skill mismatch, which may not
be sustainable in the long run.
Current Scenario: DDU-GKY has been implemented in all the states of India. The scheme has
provided skill development training to millions of rural youth. However, it continues to face
implementation challenges, and there is a need to improve the coordination and market linkage
mechanisms to ensure effective implementation.

Case Laws Related to Ministry of Rural Development in India:

Olga Tellis & Ors. v. Bombay Municipal Corporation & Ors. (1985)11- This case dealt with
the right to livelihood of pavement dwellers in Mumbai. The Supreme Court of India, in its
landmark judgment, held that the right to livelihood was a fundamental right guaranteed under
Article 21 of the Constitution of India and the government had a duty to provide adequate
means of livelihood to its citizens, including pavement dwellers.
Vishal Jeet v. Union of India & Ors. (2015)12- This case dealt with the implementation of the
Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) in India. The
Supreme Court of India, in its judgment, directed the government to ensure timely payment of
wages and social security benefits to the workers under the scheme.
National Campaign for Dalit Human Rights & Ors. v. Union of India & Ors. (2018)13-
This case dealt with the implementation of the Scheduled Castes and Scheduled Tribes

8
INDIA CONST. art. 21A
9
Supra no. 01
10
INDIA CONST. art. 39(c)
11
Olga Tellis & Ors. v. Bombay Municipal Corporation & Ors., 1985 SCC (3) 545
12
Vishal Jeet v. Union of India & Ors., AIR 1990 SC 1412
13
National Campaign for Dalit Human Rights & Ors. v. Union of India & Ors., 2 SCC 432

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(Prevention of Atrocities) Act, 1989 in India. The Supreme Court of India, in its judgment,
held that the Act was a special law to protect the rights of the Dalit and Adivasi communities
and directed the government to ensure its effective implementation.
Rural Litigation and Entitlement Kendra v. State of U.P. & Ors. (1985)14- This case dealt
with the issue of environmental degradation and deforestation in the state of Uttar Pradesh. The
Supreme Court of India, in its judgment, directed the government to take measures to protect
the environment and the rights of the local communities.
National Legal Services Authority v. Union of India (2014)15- This case dealt with the
recognition of the third gender in India. The Supreme Court of India, in its judgment, directed
the government to provide legal recognition and protection to the transgender community and
to ensure their social and economic inclusion in society, including in rural areas.

Conclusion
The Ministry of Rural Development plays a critical role in the development of rural areas in
India. Its functions and powers are aimed at improving the quality of life in rural areas,
generating employment opportunities, and alleviating poverty. However, the Ministry faces
several challenges in implementing its programs effectively, including limited resources,
corruption, and poor infrastructure. To overcome these challenges, the Ministry needs to focus
on improving its accountability mechanisms, ensuring efficient utilization of resources, and
addressing the infrastructural gaps in rural areas. While several initiatives have been launched
to promote rural development, there is still a long way to go. The government needs to focus
on improving the access to healthcare facilities, education, and basic amenities in rural areas.
Promoting sustainable agriculture, increasing rural employment opportunities, and improving
rural infrastructure will also go a long way in promoting rural development in India.

14
Rural Litigation and Entitlement Kendra v. State of U.P. & Ors., 1985 AIR 65; 1985 SCR (3) 169
15
National Legal Services Authority v. Union of India, AIR 2014 SC 1863

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