The Supreme Court has refused to interfere with the Delhi High Court’s interim order on door-to-door supply of food grains when the Centre appealed against it, after the Delhi Government assured that the scheme will not be implemented till Monday, November 22 when the matter will be further heard in High Court.
The two-judge bench of Justice L. Nageswara Rao and Justice B.R. Gavai heard the parties at length and said they weren’t inclined to interfere with the impugned order passed by the Delhi High Court and suggested to the parties not to take adjournment on the date of hearing before the High Court.
Solicitor General Tushar Mehta, appearing for the Centre, submitted that this is a matter requiring the Court’s consideration as this affects whole nation.
“The question involved in the present case is that we have National Food Security Act that provides for particular mode of distribution of food grains to the beneficiary families. The question is if the state government has power to deviate from the modes of distribution provided statutorily.”
The Central Government was pointing out that there are certain issues and apprehension that by door-to-door mode, there is no certainty that grains will reach the beneficiaries.
Right now the scheme is if the State or Centre Government supplies the food, the beneficiaries take them from the respective fair price shop. Further, these fair price shop owners are people selected by the state government not the Central government.
Mehta tried to explain the situation with an example.
“There is a system that has been recently adopted by Government is “One Nation, One Ration Card” meaning thereby that if one has his ration card and staying in Delhi being a migrant worker and his family resides outside Delhi. He is entitled to receive 7 kg of grain and if he takes 2 kg in Delhi, then his family will be entitled to take remaining 5 kg wherever they are residing.”
The objection raised by Central Government is, “The impugned order has allowed the scheme to operate which goes against the statute as Delhi Government is employing private persons to supply food grains. The established system was Government supplies grains to fair price shop owner and the card holders go to the fair price shop owner and receive the requisite quantity of his entitlement.”
Now, the Delhi Government says, “We will supply grains to a private agent who will process it into flour and deliver to the doorstep of the beneficiaries.” The problem is we would not know whether what quantity of the flour would have been supplied, Mehta said. What would be the position if there is no one to receive it? How will the state manage the accuracy of data? Portability will be the major challenge in the door-step delivery system, said the SG.
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Migrants are continuously changing their address how GNCTD will provide every month ration to them. How are they planning to address their food security, asked SG Mehta.
He said, “This is going to be a huge question that how HC by its one interim order allowed the scheme which I can demonstrate is contrary to law. This supply to the doorstep is contrary to the Act. And Centre has a statutory power to stop the State from doing so,” he said. Mehta quoted laws which he alleged to being violated are as follows:-
Section 24 of the National Food security Act, 2013: “The State Government shall be responsible for implementation and monitoring of the schemes of various Ministries and Departments of the Central Government in accordance with guidelines issued by the Central Government for each scheme, and their own schemes, for ensuring food security to the targeted beneficiaries in their State. (2) Under the Targeted Public Distribution System, it shall be the duty of the State Government to— (a) take delivery of foodgrains from the designated depots of the Central Government in the State, at the prices specified in Schedule I, organise intra-State allocations for delivery of the allocated foodgrains through their authorised agencies at the door-step of each fair price shop…..”
Section 27 of the National Food security Act, 2013: “All Targeted Public Distribution System related records shall be placed in the public domain and kept open for inspection to the public, in such manner as may be prescribed by the State Government.”
Justice Rao: By the impugned order who is affected because as per the High Court survey says that more than 50% ration card holder want direct supply.
The Court further asked Mehta not to argue on merits. “For the same you should have to go before the High Court and argue there.”
The Court asked Abhishek Singhvi, Senior Advocate appearing on behalf of the GNCTD, what is the present status of the impugned order? Has the state started implementing the interim order?
Replying to the Court, Singhvi submitted the earlier order of the High Court was passed when the matter was under organisation and implementation. The High Court clarified by modifying its order by the present impugned order.
He further raised objection to the present SLP filed by the Government of India on various points:
Point 1- the Writ is filed in the High Court by the Delhi Sarkari Ration Dealers Sangh not by the GOI.
Point 2- At no point the GOI acts as a petitioner or a stay order seeker before the DHC. Even at the time of hearing before the High Court. Two ASGs were present that time but no objection was made or no request for any modification was made by them.
Point 3- The SLP has been filed without being the party in the WP.
Singhvi submitted: “What is so special in the present matter that High Court cannot deal with it?” Singhvi clarified the scheme of the state that door-to-door scheme was optional not in compulsion. This scheme was optional and those who want to go and get grains in person from the Fair Price Shop, they will have their fixed days.
He further hammered the GOI on making objection to this scheme by stating, “If liquor can be delivered at home, why not ration? Especially, when we are planning for home deliveries with an option to get it physical too?”
The Central Government has moved the Supreme Court challenging the September 27 order of the Delhi High Court which paved the way for the implementation of the Delhi Government’s doorstep delivery of ration scheme.
In its previous argument, the Centre submitted, “The Delhi government’s door-to-door ration scheme will have adverse implications in the implementation of the “one nation, one ration card scheme” of the Central government, meant to safeguard the interests of migrant beneficiaries.”
According to the petition, the Delhi government’s door-to-door ration scheme will create an opaque public distribution system that will put at risk numerous beneficiaries, especially migrant workers, who are covered under the National Food Security Act (NFSA) in the national capital.
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The Union added that the central government has time and again requested the Delhi government against the implementation of the door-to-door ration scheme because it is against the provisions of the NFSA.
The Delhi High Court on September 27, 2021 permitted the city government to cut down supplies to fair price shops for those opting for doorstep delivery, noting that “an overwhelming majority” opted for doorstep delivery.
A bench of Justices Vipin Sanghi and Jasmeet Singh had directed the Delhi Government to issue communications to fair price shop dealers here informing them of the particulars of the cardholders who have opted for the delivery.
“The GNCTD (Government of National Capital Territory of Delhi) shall first issue communications to each of the fair price shop holders, informing them of the particulars of the ration card holders, who have opted to receive their rations at their door steps and, only thereafter, the rations, to the extent that they are being supplied to such optees, need not be supplied to the fair price shop holders,”
-the HC order reads. The Delhi government’s doorstep delivery of ration scheme was launched on March 25.
In February this year, Delhi Sarkari Ration Dealers Sangh, the body of fixed price shop owners, moved the High Court challenging the tenders issued for the doorstep delivery scheme. Later, the petition was amended to challenge the ration delivery scheme with the association demanding that it should be declared ultra vires. On March 22, the High Court directed the Delhi government not to stop or curtail the supply of food grains or flour, to the members of the petitioner association, for operationalizing doorstep delivery.