Discretionary provisions that depend on 'economic capacity' weaken a statutory right to work. Critically analyse in the context of forest-dwelling Scheduled Tribes.

Article 41 makes the right to work operative only "within the limits of economic capacity". Section 5(4) of the VB-G RAM G Act, 2025, in force since 1 July 2026 [3], repeats this caveat. In the process, the extra 50 days that forest-dwelling Scheduled Tribes (STs) received under MGNREGA have been quietly lost [1]. The case shows that discretion weakens a right most for those who depend on it most.

How discretion weakens the right

• Silent erosion: The extra 50 days came from a 2014 Rural Development Ministry directive for FRA patta-holders [4]. No similar order has been issued under the new Act, as an RTI reply confirmed [1]. The protection lapsed without any public decision.
• Net loss: FRA households fall from up to 150 days to 125, while all other households gain 25 [1][2].
• No enforceable claim: The unemployment allowance covers only guaranteed days [2]. Any work beyond 125 days depends on the Centre's or a State's "economic capacity" [1].
• Fiscal federalism: The beneficiaries are concentrated in Jharkhand, Odisha and Chhattisgarh [4], poorer States that are least able to fund extra days.
• Most dependent group: Eligibility was limited to ST households owning no property other than their FRA land [5]. The 60-day seasonal pause [6] shortens their working year further, because they have little farm work to fall back on.

Why the claim needs qualification

• Discretion is not new: MGNREGA's Section 3(4) was just as discretionary, and the FRA tier was never written into the Act. The weakness existed before the new law.
• Higher baseline: The universal guarantee rose to 125 days, including for ST households [2].
• Delivery gap: Under MGNREGA, the average work actually given to a household usually stayed well below the legal ceiling. Poor delivery, not the legal limit, has been the main constraint.
• Easy to restore: Section 5(4) lets the Centre restore the tier through a single executive order, without amending the Act [1].

On balance, discretion does not abolish the right to work. It does make protection for the most vulnerable depend on political will and State finances. The Ministry of Rural Development should issue a centrally funded Section 5(4) order for FRA title holders and consult the Ministry of Tribal Affairs. It should also review all orders issued under a law before repealing it. Together with better delivery, these steps would honour Article 46 and SDG 8, so that "economic capacity" stops being an escape clause and becomes a measure of the State's commitment.