Summary
The Court directed coordinated implementation of the National Food Security Act’s grievance, commission, vigilance and social-audit mechanisms. The Union could not plead helplessness over State non-compliance. Ramana J. concurred and stressed meaningful Centre-State dialogue and cooperative federalism. No court-appointed Food Commissioner or Ombudsman was imposed at this stage.
Issues
- How the Union and States were to secure effective implementation of the food-security machinery.
- What independence and institutional requirements applied to grievance redressal and monitoring.
Provisions considered
- Article 256, Constitution of IndiaProvides State compliance obligations and Union direction-making power concerning parliamentary laws. (¶ Lokur J., 1)
- Sections 28, 29 and 38, National Food Security Act, 2013Mandates social audits and vigilance mechanisms and empowers binding Union implementation directions to States. (¶¶ Lokur J., 24, Lokur J., 39–42, Ramana J., 6)
Held
- Grievance machinery had to be transparent and independent. A government officer could serve as grievance officer, but should not be the official delivering the very entitlements under complaint. Merely designating another body as State Food Commission did not dispense with statutory qualifications and functional requirements. (¶¶ Lokur J., 18, Lokur J., 30, Lokur J., 33)
- The Union Secretary was directed to convene State/UT meetings by 31 August 2017, press for notified grievance rules and independent officers, functioning Food Commissions with infrastructure and reports, and functioning vigilance committees by year-end. Social-audit machinery was to be established promptly with appropriate adaptation of the existing MGNREG framework. (¶ Lokur J., 42)
- Appointment of judicially selected Food Commissioners or an Ombudsman was declined for the present. Ramana J. agreed with the directions and stressed consultation and coordinated action as the appropriate current response. (¶¶ Lokur J., 41, Ramana J., 1, Ramana J., 6–10)
Result
Implementation directions issued to the Union Secretary concerning meetings, grievance rules, State Food Commissions, vigilance committees and social audits; no separate court-appointed monitoring authority ordered at this stage.