SC Reprimands Centre, States For Not Implementing Food Security Act In Its True Spirit, Issues Directions [Read Judgment]

It is more important that each State Government and Union Territory realizes and appreciates their statutory and constitutional obligations and ensures that the will of Parliament which enacted the National Food Security Act, 2013 is given full effect to in letter and spirit,Government of India cannot plead helplessness in requiring State Governments to implement parliamentary laws, said the Court. Supreme Court of India on Friday reprimanded the Union Government and State Governments for not implementing the National Food Security Act properly.A two Judge Bench of Justice Madan B Lokur and NV Ramana has also issued a set of directions for the effective implementation of the National Food Security Act, 2013 in a petition filed by Advocate Prashant Bhushan for Swaraj Abhiyan.At the outset Justice Lokur has framed two questions as follows; What can the Government of India do to require the State Governments and Union Territories to make functional those bodies and authorities that are mandated by a law passed by Parliament (such as the National Food Security Act, 2013)? What remedy does a citizen of India have if the Government of India does not issue such a direction and the State Government or the Union Territory does not implement a law passed by Parliament?Justice Lokur observed that the answer to the first question lies in the Article 256 of the Constitution of India which reads as follows;“256. Obligation of States and the Union – The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.”The Court observed that the Government of India cannot plead helplessness in requiring State Governments to implement parliamentary laws.The National Food Security Bill was passed by both Houses of Parliament and received the assent of the President on 10th September, 2013.“Almost four years have gone by but the authorities and bodies mandated to be set up under the National Food Security Act, 2013 have not yet been made functional in some States. This is despite the fact that Section 14 of the NFS Act requires that “Every State Government shall put in place an internal grievance redressal mechanism”.” The Court observed that it had expected the concerned State Governments to implement the provisions of the NFS Act with all due seriousness since it is a social welfare legislation enacted by Parliament.“Unfortunately, during the hearing we were informed by learned counsel for the petitioner that Section 15 and Section 16 of the NFS Act were not being complied with by the State Governments in letter and spirit”. It said. Constitution Of State Food Commission:Section 16 of the NFS Act mandates the State Government to constitute a State Food Commission for the purpose of monitoring and review of implementation of the NFS Act. But some of the State Governments had appointed the Consumer Disputes Redressal Commission constituted under the provisions of the Consumer Protection Act, 1986 as the State Food Commission under Section 16 of the NFS Act. The Court held that this was unsatisfactory and not in consonance with the provisions of the law particularly the letter and spirit of the NFS Act.The Court suggested to the learned Attorney General to frame Model Rules under Section 16 of the NFS Act also for the reasons mentioned above. Advocate Prashant Bhushan submitted that it is unfortunate that even though the NFS Act has been in force for about four years, only a few of the State Governments before us had taken its provisions seriously.Appointment of Food Commissioners or OmbudsmanCounsel for the petitioner insisted that the Court shall appoint Food Commissioners or Ombudsman who would oversee the functioning and implementation of the NFS Act since the State Governments before us and indeed other State Governments and Union Territories were not implementing the provisions of the NFS Act. But the Court was not inclined to appoint any Food Commissioner or Ombudsman to oversee the functioning and implementation of the NFS Act. “In our opinion, it is more important that each State Government and Union Territory realizes and appreciates their statutory and constitutional obligations and ensures that the will of Parliament which enacted the National Food Security Act, 2013 is given full effect to in letter and spirit. If the State Governments and Union Territories decide that they do not wish to abide by a law enacted by Parliament for the benefit of the people, perhaps some other solution may have to be found but we hope that no State Government or Union Territory disregards the will of Parliament”.In a separate but concurring opinion Justice Ramana observed that one thing which stands out from a plain reading of the Act is that for its success it requires...

SC Reprimands Centre, States For Not Implementing Food Security Act In Its True Spirit, Issues Directions [Read Judgment]

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