Can't Provide Ration Cards To Migrant Workers Beyond Ceiling Limit Provided In Food Security Act : Union To Supreme Court

The Supreme Court on November 26 heard the matter pertaining to giving free ration cards to migrant workers and unskilled labourers found eligible under the e-Shram portal. During the hearing, the Union Government submitted that they have an obligation to provide ration cards only under the mandated regime of the National Food Security Act, 2013(NFSA) which provides a coverage limit on the number of people who could be provided with free rations. Therefore, they cannot provide ration cards breaching the upper ceiling as provided in the legislation. This matter has so far been heard by a bench Justices Sudhanshu Dhulia and Ahsanuddin Amanullah. It came to be listed before a bench of Justices Surya Kant and Ujjal Bhuyan on November 26 because an application was filed by the Union Government against the October 4 order. The Court kept the application to be heard on December 9.In the present matter, Justice Dhulia's bench ordered on October 4 that "all such persons who are eligible (entitled for Ration Cards/ foodgrains as per the NFSA) and have been identified as such by the respective States/Union Territories, must be issued Ration Cards before 19.11.2024."Can't breach NFSA ceiling limit, additional fiscal burden created: CentreFollowing this, an application has been filed by the Department of Food and Public Distribution, Government of India seeking that it be allowed to comply with the directions strictly as per the mandate of the NFSA.The application states: "The fiscal sustainability of the NFSA requires a defined ceiling limit on the number of beneficiaries, as outlined in the Act, to void rendering it open-ended. This ceiling, grounded in the 2011 Census, is a fundamental principle of rightful targeting, as set forth in Sections 10 and 24 of the NFSA. The GOI, is bound by the explicit provisions of Sections 3(2) and 9 of the NFSA, which establish coverage limits, and submits that it is constrained from exceeding these statutory boundaries unless such provisions are deemed ultra vires by this Court or are duly amended by Parliament."The Union said that breaching the NFSA ceiling would result in an additional fiscal burden of approximately Rs 57,660 crore annually. Moreover, it has been stated that States are well-positioned to provide food grains to additional eligible e-Shram registrants through their own State schemes, without relying on the NFSA's coverage.The Centre further said that as of 30.9.2024, States have completed e-KYC for 63% of the total beneficiaries covered under NFSA. Additionally, out of the total 30.34 crore registrants on the e--Shram portal, 24.71 crore have already been issued ration cards both under NISA and state schemesWhat transpired yesterdayAt the outset, intervenor Advocate Prashant Bhushan clarified that after the last order, the Union Government has filed an application stating that they cannot comply with the Court's order. The same was mentioned before the former Chief Justice of India D.Y. Chandrachud and came to be listed before this bench.To this, Justice Kant expressed that they have not been able to go through the matter but if the matters including the Union's application are to be heard, the same should be consolidated so that one bench could hear both matters. As the Court was about to adjourn the matter, Solicitor General Tushar Mehta stated: "There are some directions ahead of the food safety..." But before he could complete, Bhushan intervened and said: "Court has repeatedly made it clear that irrespective of what is provided in the Food Safety Act.."Justice Kant also added: "I will speak for myself. Day before yesterday, when the MA came, I thought it was an infructuous matter because I just read only a few lines and there was a reference to the COVID-19 issue."On this, Mehta responded: "Exactly, Milords....There are two categories of NGOs. One who works on ground and provides everything. Second, armchair intellectual."Justice Kant stated that the ration card is an important document because it forms a part of the identity of the person. He added: "But the difficulty may arise if we indulge in freebies."However, Bhushan clarified that this pertains to the scheme of the Central Government and the main issue is that since the Census has not taken place after 2011, the number of persons currently getting the benefit has not been updated. He said: "All the people registered in the e-Shram portal are the ones whose income is less than Rs. 10,000 per month. That is why, the other bench, repeatedly said, one after the another in 6 orders, don't bother about the restrictions of the Food Safety Act. You have to provide because food is an Article 21 right. Second, you have not done the census of 2021. Therefore, all those eligible and have registered but do not have ration cards, provide them with ration cards and give them ration."On this, Mehta responded: "Please allow somebody [to respond]. You have done nothing in COVID except sitting in your armchair and filing...

Can't Provide Ration Cards To Migrant Workers Beyond Ceiling Limit Provided In Food Security Act : Union To Supreme Court

Gursimran Kaur Bakshi

Tags