HC sets aside doorstep ration delivery scheme

2018 The Delhi Cabinet clears the “Mukhyamantri Ghar Ghar Ration Yojana” 2020 Cabinet gives fresh approval to the scheme 2021 Delhi CM Arvind Kejriwal says that the scheme will be operational by March Government notifies the policy document that prescribed the modalities of the ration delivery scheme Delhi Sarkari Ration Dealers Sangh challenges tenders for the scheme in Delhi high court The ration dealers’ association amends the petition to

NEW DELHI: The Delhi high court on Thursday scrapped the Delhi government’s door-to-door ration delivery scheme, holding that the decision to roll out the scheme, cannot be construed as a mere “executive” action as it did not have the approval of the Lieutenant Governor (L-G).

The court, however, clarified that the Delhi government can make its own policy using its own resources and not those of the Union government’s, referring to the foodgrains that are typically available via fair price shops (FPS).

The scheme has been a flashpoint between the Bharatiya Janata Party-led Union government and the Aam Aadmi Party government in Delhi. A bench of acting chief justice Vipin Sanghi and justice Jasmeet Singh said the policy does not comply with the provisions of the National Food Security Act (NFSA), 2013, effectively ending its legality.

“In the facts of the present case, the impugned scheme for doorstep delivery of rations to the beneficiaries under the Targeted Public Distribution System (TPDS) framed by the cabinet decision on March 24, 2021 has not been approved/ consented to by the L-G and, therefore, in any event of the matter, the same cannot be implemented in its present form,” the bench said in a 174-page judgment.

Reacting to the judgment, a Delhi government official said it would analyse the judgment and decide the future course of action.

The ruling was on pleas by the Delhi Sarkari Ration Dealers Sangh, a group of FPS owners, challenging the Mukhyamantri Ghar Ghar Ration Yojana (doorstep ration delivery scheme) and demanding that it should be declared ultra vires (beyond one’s legal power or authority).

The court accepted the submission of the petitioner’s counsel that rather than discharging its duties of maintaining vigilance and eliminating corruption, which itself would make the current system more efficient and transparent, the Delhi government chose to introduce the scheme with a view to bypass the existing FPS network, and replace it with another set of persons, who would be appointed as FPS owners, and who would have much “deeper pockets”.

The court said that the L-G was “justified” in requiring the CM to take the matter to the council of ministers along with the communication of the Centre dated June 22, 2021, for its consideration, if he still differed with the opinion addressed by the L-G.

“We may observe that even if the opinion of the L-G for expressing his difference of opinion is eventually not agreed to by the President, and the President decides to go with the decision of the Council of Ministers, that by itself, would not mean that the opinion of the L-G could be

challenge the ration delivery scheme Centre writes to Delhi government, objects to the use of the term “mukhyamantri (chief minister)” for the scheme as it involves distribution of food grains allocated under the National Food Security Act (NFSA). The Centre also says that any change in the delivery mechanism requires an amendment in NFSA that can be done only by Parliament HC tells Delhi government not to curtail supply of foodgrains to Fixed Price Shops for operationalising the ration delivery scheme Delhi Cabinet decides to change the name “Mukhyamantri Ghar Ghar Ration Yojana” for the scheme and to implement doorstep delivery of ration as part of the existing NFSA

HC allows the government to stop supplying ration to FPS to the extent of food grains for those who have chosen doorstep delivery Centre tells HC it has moved Supreme Court against the September 27 order of the high court SC refuses to interfere with Delhi HC’S September 27 order Delhi government tells HC that it will set up exclusive stores for doorstep delivery of ration 2022 HC reserves the verdict

May 19:

described as falling foul of the standards of constitutional trust and morality, the principles of collaborative federalism, and Constitutional balance,” the court said.

Defending its ambitious scheme, the Delhi government, through senior advocates Abhishek Manu Singhvi and Rahul Mehra, had contended that 6.9 million people out of the 7.2 million registered beneficiaries opted for doorstep delivery of ration. The counsels argued that people with vested interest in the present corrupt model of distribution of food grains are trying to scuttle the roll-out of the scheme.

Noting that the Union government had not accorded its nod for the implementation of the scheme, the high court held that “the chief minister was not correct in concluding that the approval of the union government is neither mandated, or necessary, under the provisions of the NFSA”.

It added that the CM was also not correct in concluding that the matter does not need to be referred to the President, despite the difference of opinion by the L-G, adding that even in respect of matters over which the Legislative Assembly has power to make laws for the national capital, the executive powers of the council of ministers – headed by the CM, is not

“unfettered”.

The FPS owners, in a statement, welcomed the statement and said that the high court’s decision has saved 4,000 families from losing their income.

The Delhi government’s doorstep delivery of ration scheme has been stalled due to differences between the Delhi government and the Centre.

Initially, the scheme was to be launched in 2018, but got stalled after the L-G did not approve it.

Later, the scheme was floated afresh and was to be launched on March 25, 2021, but the union food and consumer affairs ministry wrote to the Delhi government on March 19, 2021 raising two objections— the use of the term “mukhyamantri (chief minister)” for a scheme involving the distribution of food grains allocated under the National Food Security Act (NFSA), and that any change in the delivery mechanism requires an amendment in NSFA that can be done only by Parliament.

On November 15, the Supreme Court declined to entertain two separate petitions (one by the Centre and another by FPS owners) against a Delhi high court interim order on September 27, 2021 that allowed the AAP government to stop supplying food grain to fixed price shops for patrons who have doorstep delivery over physical collection of ration. The high court interim order also effectively gave a go-ahead to the state government scheme.

Slamming the Delhi government for not answering the questions raised by the L-G while disapproving the scheme in his note dated March 20, 2018, the court said that no answer was given on how the replacement of one set of human intervention with another would improve the aspects of diversion of ration materials and corruption and eliminate them.

In its judgment, the court also rejected the contentions of one of the interveners, Bandhua Mukti Morcha, through advocate Talha Rahman and said that compelling beneficiaries to queue up for collecting their allocated rations from the FPS, does not “offend” the right to dignity and privacy.

“In our view, it is only civil that persons – who desire to obtain/ buy anything from an outlet, should queue up, if such a queue is necessary looking to the number of persons, who may land up at the outlet at the same time. It does not offend the right to dignity and privacy of any person, merely because the person may be required to queue up at the outlet. The outlet could be for anything, or for any service,” the court said.