Delhi Govt Can't Implement Doorstep Ration Delivery Scheme Without LG's Approval: High Court

While setting aside the Delhi government's scheme for doorstep delivery of ration, the Delhi High Court has observed that the decision of the Council of Ministers headed by Delhi Chief Minister to roll out the said scheme cannot be described as an Executive action taken by, or in the name of the Lieutenant Governor. The Court reasoned that the same cannot be done since the LG had expressed his disagreement, which stood unresolved as the scheme was placed before the President.A division bench comprising of Acting Chief Justice Vipin Sanghi and Justice Jasmeet Singh thus quashed the three tenders issued by the Delhi Government in respect of the doorstep ration delivery scheme. However, the Court said that the Delhi Government is entitled to frame a scheme for doorstep delivery of foodgrains or rations to the beneficiaries under the Targeted Public Distribution System (TPDS), from its own resources in compliance with the prevailing laws. The Court thus observed:"We are, therefore, of the view that the impugned scheme cannot be implemented and rolled out by the GNCTD since the Lieutenant Governor has expressed his difference of opinion and required that the same be referred for his decision to the President. The said scheme would necessarily have to be rolled out in the name of the Lieutenant Governor, while recording his approval thereof. That has not been done in the facts and circumstances taken note of hereinabove. The Chief Minister should, therefore, place the matter before the Council of Ministers and consider the proposed scheme in the light of the letter of the Central Government dated 17.06.2021 and 22.06.2021, and observations made by us hereinabove.""Even if the Council of Ministers resolves to reiterate the proposed scheme, the same would require to be placed again before the Lieutenant Governor, who would be entitled to again examine the issues and in case he still has a difference of opinion with his Council of Ministers, he may require the Chief Minister to place the difference of opinion for the decision of the President of India, or he may, on his own, place the matter before the President of India for his decision. The GNCTD shall be bound by whatever decision is taken by the President of India in the matter."The Court also added "To us, it appears, that the misunderstanding was not on the part of the Lieutenant Governor, but on the part of the Chief Minister himself."Whether the impugned Scheme capable of being put into execution or implementation when objected to by the Lieutenant Governor?The Court was of the view that the conduct of the Lieutenant Governor satisfied the standards of Constitutional trust and morality, and the principle of collaborative federalism, and Constitutional balance so eloquently explained by the Supreme Court in State (NCT of Delhi) case. The Court noted that on 10.03.2018, the Lieutenant Governor was communicated the Cabinet decision which was to implement the proposal for home delivery of ration and that the Council of Ministers approved the proposal to implement the scheme under the TPDS in the city. It also noted that the LG had expressed his view stating that the proposed system of home delivery of ration will only replace one set of human intervention with another i.e. the service providers and their agents. Hence, diversion of ration materials and corruption may not be eliminated under the proposed scheme.The Bench also noted that the Lieutenant Governor also expressed his concern stating that the proposed change was a big change in a critical sector that directly impacts the weakest section of the society, and that called for the carrying out of all due diligence. He also noticed the view of the Department of Law of the Delhi Government that the Scheme would require prior approval of the Central Government, under Section 12(2)(h) of the Act. "When we examine the aforesaid exchange of views, which have taken place between the Council of Ministers/ Chief Minister, on the one hand and the Lieutenant Governor on the another hand, we find that when the scheme was initially placed for approval of the Lieutenant Governor on 20.03.2018, he made known the reasons for his view as to why he did not agree with the proposed scheme, and what were the reasons for his difference of opinion with regard to the proposed scheme," the Court said at the outset. The Bench added that even if the opinion of the Lieutenant Governor for expressing his difference of opinion was eventually not agreed to by the President, and the President had decided to go with the decision of the Council of Ministers, that by itself, would not mean that the opinion of the Lieutenant Governor could be described as falling foul of the standards of constitutional trust and morality, the principals of collaborative federalism, and Constitutional balance. "This is for the reason that there could be genuine and bona fide difference of opinion, on account of fundamental and serious difference of approach of ...

Delhi Govt Can't Implement Doorstep Ration Delivery Scheme Without LG's Approval: High Court

Nupur Thapliyal

It appears that the misunderstanding was not on part of LG but on part of Chief Minister himself, Court said.

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