oppn parties States Transgressing Limit By Introducing Doorstep Ration Schemes, Says Calcutta HC

News Snippets

  • Home minister Amit Shah says BJP under Narendra Modi taught communal rioters a lesson in 2002 and that has kept Gujarat peaceful since then
  • Supreme Courts stays Calcutta HC order for a CBI probe itno the move to create supernumerary posts for illegally appointed teachers
  • Calcutta HC "stunned, scandalized and flabbergasted" that the state government created supernumerary posts to appoint illegally appointed teachers in the SSC scam
  • Law minister Kiren Rijiju says collegium system to select judges is alien to the Constitution while CJI Chnadrachud defends it
  • Delhi HC bars people from using actor Amitabh Bachchan's image, voice, duplicate image or anything associated with him to promote anything without his authorization
  • Final electoral roll pubslished in J&K, shows a gain of 772000 voters or a 10.19% rise
  • CJI Chandrachud says that the Supreme Court and the government must not find faults but must strike a balance to work toegether
  • After being hit by ransomware, the servers of AIIMS remained out of order for the 3rd day
  • CBI files charge sheet against 7 in Delhi liqour excise scam case, Manish Sisodia's name not in it
  • Supreme Court to examine the issue of gay marriages, issues notice to Centre
  • Adani Enterprise will raise Rs 20000cr in a follow-on public offer (FOP), the largest of its kind in India
  • Forex reserves rose by $2.5bn in the week ended November 18 to stand at $547bn
  • Kshema General Insurance becomes the first company to get licence after 5 years, 19 more await Irdai approval
  • Stocks end flat but positive on Friday after a volatile trading session: Sensex gains 20 points to 62293 and Nifty 28 points to 18512
  • First ODI: New Zealand beat India in a high scoring match as even after scoring 306, Indian bowlers fail to press home the advantage
Supreme Court questions the tearing hurry to appoint Arun Goel as election commissioner, says it is 'mytified' by the criteria for shortlisting 4 officers for the purpose
oppn parties
States Transgressing Limit By Introducing Doorstep Ration Schemes, Says Calcutta HC

By Sunil Garodia
First publised on 2022-09-29 06:01:31

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator.

A division bench of the Calcutta High Court has ruled that the Duare Ration (doorstep delivery of ration) introduced by the West Bengal government has no legal sanction. Setting aside an order by a single judge bench of the same court, the bench of Justices Chitta Ranjan Dash and Aniruddha Roy said that "the Duare Ration scheme is ultra vires the National Food Security Act, 2013 (NFSA) and therefore a nullity in the eye of law". The state government may move the Supreme Court against the order.

Despite the Supreme Court praising the Duare Ration scheme and urging other states to emulate Bengal, the doorstep ration schemes of both the Delhi and the Bengal governments have fallen foul of law. The Delhi HC had earlier this year struck down a similar scheme of the Delhi's AAP government. Now, the Calcutta HC, while striking down the Duare Ration scheme, has categorically stated that the state has "transgressed the limit" of delegation under the NFS Act. It further said that "if the NFS Act is amended by the wisdom of Parliament for doorstep delivery of food grains to the beneficiaries or invest any such power to the state government, then only such a scheme can be made by the state and that can be said to be in sync with the enabling act."

Hence, on the face of it and as per the law as it exists at present, the states introducing doorstep ration delivery schemes are obviously transgressing the limit as per the letter of the law. It is now upon the Supreme Court to decide whether concessions can be made as per the spirit of the law to allow such doorstep delivery by states. Obviously, the scheme has many benefits and attractions. But it also has scope for leakages and corruption. The Centre can also study if safeguards can be built-in and the NFS Act suitably amended to allow states to introduce the scheme.