According To The Calcutta High Court, West Bengal’s Duare Ration Scheme Is Unconstitutional Under The NFSA
The West Bengal government’s Duare Ration program is illegal and in violation of the National Food Security Act of 2013, the Calcutta High Court ruled on September 28.
The decision was made in response to an appeal filed by fair price shop dealers disputing the High Court’s ruling that the scheme the state government introduced last year was not unlawful.
A division bench of Justices Chitta Ranjan Dash and Aniruddha Roy declared that the Duare Ration system is extra vires of the National Food Security (NFS) Act, 2013, and is, thus, a nullity in the eye of the law. It added that the scheme has no legal validity.
The division bench noted that the state had exceeded its authority by requiring the fair price shop dealers to deliver rations to beneficiaries at their doorstep in the absence of any provision to that effect in the enabling act, i.e., the National Food Security Act.
It said that only if the NFS Act is altered by the Union Legislature for doorstep delivery of foodgrains to beneficiaries or invests any such power to the state government, can such a system be implemented by the state and be considered to be in sync with the NFS Act.
Following the party’s victory in the Assembly elections earlier that year, the scheme was implemented by the Mamata Banerjee-led TMC government in November of last year. The program’s goal is to make it easier for beneficiaries to receive food grains through the public distribution system at their doorsteps.
Fair price dealers, however, filed a lawsuit and argued that it would be challenging to put the plan into action. The Calcutta High Court, however, dismissed the case. Later, a group of ration traders presented a brand-new case to the division bench.
According to the department of food officials, the government is considering asking the SC to review September 23rd order.
News Mania Desk
