Supreme Court allows Bengal to continue its Duare Ration programme

MP  |  29 Nov 2022 | Kolkata: The Supreme Court on Monday allowed the West Bengal government to continue its Duare Ration (Ration at Doorstep) programme. 

The top court ordered an interim stay on the Calcutta High Court order on the discontinuation of Duare Ration. 

Chief Minister Mamata Banerjee on Thursday had said she will overcome all obstacles to ensure that the Duare Ration programme initiated by the state government in November 2021 continues. 

"The Duare Ration project started for the benefit of people and it will continue to run. The state government will not bow its head to any sort of muscle power to stop the programme," Banerjee said during the question-answer session at the state Assembly. 

She added that if required, an appeal will be made to the court through the Assembly as the benefit and welfare of the people is the state government's top priority. 

The Chief Minister maintained that the state government is offering an incentive of Rs 480 crore to the ration dealers for the implementation of the programme. 

"It is not that everybody (ration dealers) has opposed this. I have personally held meetings with them too. But in society, even when 99 per cent of people are good, there is still 1 per cent who crave to enjoy all the benefits," she had remarked.

After the Apex Court order, state Food and Supplies minister Rathin Ghosh added that the Duare Ration programme was conceived to benefit the masses. 

"We are confident that the final ruling in the case will also be in our favour. Interests of ration dealers have also been taken into account and so we have offered a subsidy to them for executing the scheme and haven't deployed any external agency," Ghosh said. 

After the SC order, Nabanna reportedly instructed all District Magistrates to make preparations to continue the Duare Ration scheme. The state government had moved the Supreme Court challenging the Calcutta High Court order. 

The Division Bench of Calcutta HC on September 28 had declared the 'Duare Ration Scheme' as "ultra vires of the National Food Security Act, 2013" and "is therefore a nullity in the eye of the law". 

The Calcutta High Court judgment was passed on an appeal by fair price shop dealers challenging the order of a single bench of the High Court that there was no illegality in the scheme introduced by the state government. 

"The state government has transgressed the limit of delegation by obliging the Fair Price Shop dealers to distribute the rations to the beneficiaries at their doorstep in absence of any authority a situation where recommendations are being made and the government keeps sitting on them as this frustrates the system. It said some names are pending with the government for a year and a half. 

"You are effectively frustrating the method of appointment," the bench observed, adding some lawyers are withdrawing their consent given for elevation to the bench due to the delay in the appointment process. 

It said the government sometimes picks just one name from among those recommended by the Collegium and this "completely disturbs" the seniority. 

The apex court said the Collegium recommends the names keeping also in mind the aspect of seniority. 

The Attorney General said after the apex court passed an order in the matter on November 11, he had some discussion with a secretary-level officer and that he will come back to the court. 

Senior advocate Vikas Singh, who had assisted the apex court in the matter earlier, referred to media reports on a statement by Union Law minister Kiren Rijiju on the issue of appointments. 

The Union Law minister had said: "Never say that the government is sitting on the files. Then don't send the files to the government. You appoint yourself, you run the show then". 

The bench asked: "How many statements do we take note of?" 

During the hearing, when Singh again referred to media reports, Justice Kaul said: "I ignore all press reports." 

"When somebody high enough says let them do it themselves, we will do it ourselves... It came from somebody high enough. Should not have. All I can say is should not have happened." 

"It is crossing the rubicon by keeping the names pending like this," the court observed. 

The bench said both the Attorney General and Solicitor General Tushar Mehta are appearing in the matter. 

"So the double barrel gun should work," the bench said in a lighter vein. It said the Collegium has recommended the names of chief justices for some high courts and these recommendations are lying in abeyance. 

"For the last two months, the whole thing has come to a standstill," it said, adding, "Please resolve it." 

"Don't make us take a decision on this in the judicial side," the bench said. The apex court, which posted the matter for hearing on December 8, said it expects both the Attorney General and Solicitor General to play a role to advise the government so that law of the land is followed. 

"Till the law stands, it has to be followed," it said. On November 11, the apex court had expressed displeasure over the delay by the Centre in clearing the names recommended for appointment as judges and said keeping them pending is "something not acceptable". 

It had issued notice to the Secretary (Justice) of the Union Law Ministry and Additional Secretary (Administration and Appointment) seeking their response to the plea.

https://www.millenniumpost.in/kolkata/supreme-court-allows-bengal-to-continue-its-duare-ration-programme-500574