SWARAJ ABHIYAN - (II) versus UNION OF INDIA & ORS.

SWARAJ ABHIYAN - (II) versus UNION OF INDIA & ORS.

The Court held that while it cannot mandate States to provide food items beyond statutory entitlements under the NFS Act, it can direct faithful implementation of the Act's provisions. States are obligated to make operational grievance redress machinery, provide food grains to all households in drought-affected areas, and ensure nutritional support for children under the Mid-Day Meal Scheme. Financial constraints cannot excuse these constitutional and statutory obligations.

Parties
Petitioner: Swaraj Abhiyan; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
13 May 2016
Procedural Posture
Writ Petition (civil) / Final Order/judgment
Outcome
Directions issued for effective implementation of NFS Act; partial relief granted.
Legal Topics
Right to Food, Implementation of National Food Security Act, Drought Relief, Mid Day Meal Scheme, Directive Principles
Constitutional Law Public Interest Litigation Social Welfare Right to Food Implementation of National Food Security Act Drought Relief Mid Day Meal Scheme Directive Principles

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Parties

Swaraj Abhiyan

Petitioner

Union of India & Ors.

Respondents

Procedural Posture

Writ Petition (civil) / Final Order/judgment

Legal Issues

  1. 1 Whether the State Governments can be directed to implement provisions of the National Food Security Act beyond statutory requirements
  2. 2 Obligation to provide food security and nutritional support to persons affected by drought
  3. 3 Provision of eggs, milk, edible oils, and dal/lentil under the Public Distribution System and Mid-Day Meal Scheme during drought

Ratio Decidendi

The Court held that while it cannot mandate States to provide food items beyond statutory entitlements under the NFS Act, it can direct faithful implementation of the Act's provisions. States are obligated to make operational grievance redress machinery, provide food grains to all households in drought-affected areas, and ensure nutritional support for children under the Mid-Day Meal Scheme. Financial constraints cannot excuse these constitutional and statutory obligations.

Court Disposition

Directions issued for effective implementation of NFS Act; partial relief granted.

Orders

  • Each State to establish an internal grievance mechanism and District Grievance Redressal Officer within one month.
  • Each State to constitute a State Food Commission within two months.