'No Illegality': Calcutta High Court Upholds State Govt's Door Step Ration Delivery Scheme

The Calcutta High Court has held that there is no illegality in the West Bengal Duare Ration scheme, under which the State government delivers foodgrains through the public distribution system at the doorsteps of beneficiaries.

Justice Krishna Rao was adjudicating upon a plea wherein a prayer had been made stipulating that a notification by the state government on September 13, 2021, which amended Clause 18 of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013, be declared as unconstitutional and ultra vires to Essential Commodities Act, 1955 and National Food Security Act, 2013 (NFSA, 2013). 

The counsel for the petitioner submitted that only the central government has authority for regulating and prohibiting the production, supply and distribution of essential commodities. It was further argued that the central government by way of notification delegates the power to the state but in this case, it has not delegated any power to the State of West Bengal.

On the other hand, Advocate General S.N Mookherjee appearing for the State government contended that the 'Duare Ration Scheme' is an administrative order under Section 12 (1) of the NFSA and Article 162 of the Constitution of India. It was contended further that the NFSA, 2013 stipulates that the State Government shall be responsible for implementation and monitoring of various schemes of the Central Government and their own schemes in accordance with the guidelines issued by the Government of India. Thus, it was averred that the NFSA, 2013 shall overwrite the Essential Commodities Act, 1955 as it is a later Act.

Pursuant to a perusal of the rival submissions, the Court noted that on reading of the NFSA, 2013 and the rules framed there under as well as the statutory orders issued under Section 3 of the Essential Commodities Act, 1955, there is nothing to show that the State Governments are not entitled to extend a benefit to the beneficiaries under the NFSA, 2013. 

"Section 24 (2) (b) of the NFSA obliges the State Governments to ensure actual delivery of supply of food grains to the entitled persons at the prices specified in Schedule-I. Therefore, the State Government wishes to travel the extra mile to deliver the foodgrains at the doorsteps of the beneficiaries, such an endeavor cannot be said to fall foul of any provisions of NFSA, the rules framed there under or the orders issued under the ECA, 1955", the Court averred further. 

The Court further opined that the actual delivery of ration of the doorsteps of the beneficiaries is covered and within the scope of authority and responsibility vested in the State Government under Section 24 (2) (b) and Section 32 of NFSA, 2013. 

Upholding the constitutional validity of the impugned notification, the Court ruled, 

"On conjoint reading of Section 24 (2) (b) and Section 32 of NFSA 2013 and clause 35 of the West Bengal Public Distribution System (Maintenance and Control) Order, 2013 this Court hold that there is no illegality in amending clause 18 of West Bengal Public Distribution System (Maintenance and Control) Order, 2013 by notification dt. 13th September, 2021."

Justice Rao further underscored that the plea of repugnancy would be attracted only if both the legislation fall under the concurrent List of Seventh Schedule of Constitution. However, it was held that in the instant case Section 24 (2)(b) of NFSA, 2013 obliges the State Government to ensure actual delivery or supply of the foodgrains to the entitled persons at the prices specified in Schedule and the State Government taken decision to deliver food-grains at the door steps of the beneficiaries which cannot be said to violation of any provision of the NFSA, 2013, the Rules framed therein or the order issued under the Essential Commodities Act, 1955. 

The Court further noted that on an earlier occasion, too, fair price shop dealers had filed petitions on similar issue, but the high court, even then, did not interfere with the Duare Ration Scheme.

It may be noted that Justice Moushumi Bhattacharya vide order dated December 23, 2021, had upheld the vires of the ambitious meal scheme of the West Bengal Government by opining that a reform in the targeted public distribution system and a welfare scheme formulated for reaching food and nutritional security as a necessity-driven measure to tide over the extant existential challenge. 

Case Title: Sk. Manowar Ali & Ors v. The State of West Bengal & Ors

Case Citation: 2022 LiveLaw (Cal) 250

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