Constitution of India, Article 21, 32, 47, 50(1)A – National Food Security Act, 2013, clause (d) of sub section 2 of Section 39 read with clause (h) of sub section 2 of Section 12 – Cash Transfer of Food Subsidy Rules 2015 – Public Interest Litigation – Community Kitchens – Petition seeking directions against the States and Union Territories to formulate a scheme to implement the concept of Community Kitchens to combat hunger, malnutrition and starvation and the deaths resulting thereof–Held that there being a systematic legal framework provided under the NFSA for the implementation of the schemes and programmes like Targeted Public Distribution System, Mid-day Meal Scheme, Integrated Child Development Services and Maternity Cash Entitlement along with a Monitoring Mechanism and a Grievance Redressal Mechanism, and the States/UTs having also implemented various other schemes and programmes under the said Act, do not propose to direct the States/UTs to implement the concept of Community Kitchens as prayed for by the petitioners in the instant petition. (Para 7)
Constitution of India, Article 21, 32, 47, 50(1)A – National Food Security Act, 2013, clause (d) of sub section 2 of Section 39 read with clause (h) of sub section 2 of Section 12 – Cash Transfer of Food Subsidy Rules 2015 – Public Interest Litigation – Policy matter – Judicial review – Petition seeking directions against the States and Union Territories to formulate a scheme to implement the concept of Community Kitchens to combat hunger, malnutrition and starvation and the deaths resulting thereof –Held that the scope of judicial review in examining the policy matters is very limited – The Courts do not and cannot examine the correctness, suitability or appropriateness of a policy, nor are the courts advisors to the executive on the matters of policy which the executive is entitled to formulate – The Courts cannot direct the States to implement a particular policy or scheme on the ground that a better, fairer or wiser alternative is available – Legality of the policy, and not the wisdom or soundness of the policy, would be the subject of judicial review – When the NFSA, 2013 with a ‘right based approach’ for providing food and nutritional security, is in force and when other welfare schemes under the said Act have also been framed and implemented by the Union of India and the States, to ensure access to adequate quantity of quality food at affordable prices to people to live a life with dignity, do not propose to give any further direction in that regard – Whether the concept of Community Kitchens is a better or wiser alternative available to the States to achieve the object of NFSA not examined, rather left it open to the States/UTs to explore such alternative welfare schemes as may be permissible under the NFSA. (Para 8 and 9)
SUPREME COURT OF INDIA
2024 STPL(Web) 123 SC
[2024 INSC 136]
Anun Dhawan & Ors. Vs. Union Of India & Ors.
Writ Petition (Civil) No.1103 of 2019-Decided on 22-2-2024
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