Can’t do anything which ‘dilutes’ National Food Security Act: Centre to Delhi HC

With the implementation of the Mukhya Mantri Ghar Ghar Ration Yojna by the Delhi government, many migrant workers and natives of other states, and Delhi citizens would stand to lose their NFSA ration upon shifting to a new location, the central government said in its application

New Delhi: In the latest turn of events in the ongoing tussle between the Centre and the Delhi government over the latter’s plan to deliver subsidised foodgrains at the doorstep of beneficiaries, the Union government has told the Delhi high court that the city government is free to launch their own scheme, but they cannot do anything which “dilutes or obstructs” the National Food Security Act (NFSA).

Nearly 7.2 million people in Delhi are eligible for subsidised food, including 1.7 million ration card holders and nearly 3 million priority households, besides other food insecure categories identified by the Delhi government. (Raj K Raj/HT Archive)

In an application filed on October 11, before a bench of justices Vipin Sanghi and Jasmeet Singh, the Centre has said that Delhi is currently the number one state in interstate portability transactions where people from other states are also allowed to avail food grains under the One Nation One Ration Card (ONORC) scheme of the Centre.

However, with the implementation of the Mukhya Mantri Ghar Ghar Ration Yojna by the Delhi government, many migrant workers and natives of other states, and Delhi citizens would stand to lose their NFSA ration upon shifting to a new location, the central government said in its application.

The union government added that it is imperative to ensure that the city government does not, in any manner, dilute the statutory requirement of NFSA, 2013 which mandates that the beneficiary has to collect the ration from the Fair Price Shops.

“Further, in any case the Delhi government is at full liberty to lay down and execute a separate scheme without in any manner diluting or causing obstructions to the mandate of NFSA, 2013,” the Centre said in its application.

The Delhi government did not respond to the Centre’s application on Monday. However, while sending the file regarding the scheme to the LG for approval on October 5, Delhi chief minister Arvind Kejriwal said in a note that the scheme will help disband the ration mafia in the capital.

The Centre application filed the application in a pending petition by the Delhi Sarkari Ration Dealers Sangh -- a body of the fixed price shop owners -- which challenged the Delhi government scheme for doorstep delivery of ration.

Nearly 7.2 million people in Delhi are eligible for subsidised food, including 1.7 million ration card holders and nearly 3 million priority households, besides other food insecure categories identified by the Delhi government.

On September 27, the Delhi government received a shot in its arm with the high court allowing it to cut supplies to the fair price shops corresponding to the number of beneficiaries who have opted for the doorstep delivery. By doing so, the court modified an earlier order in which it had stopped from doing so on the petition by the association of FPS shop owners in the city.

In its response to the plea, the Delhi government told the court that “an overwhelming majority has opted for supply of rations at their doorstep.”

The ration shop owners moved the court in February challenging the tenders issued for the doorstep delivery scheme. However, the petition was amended on March 18 to challenge the ration delivery scheme with the association demanding that it should be declared ultra vires (beyond the scope of legal power).

Pursuant to court’s September 27 order, the union government filed an affidavit on October 5, saying that no other state/Union territory is distributing NFSA food grains under the ‘Ghar Ghar Ration Yojana’ on the proposed pattern of the Delhi government.

It said that neither the states or UTs has approached them nor any approval has been granted for doorstep delivery of food grains as it would be a clear diversion from the NFSA.

In its application, the Centre has said that the Delhi government had stalled the use of Electronic Point of Sale (e-POS) from April 2018, and after multiple persuasion, meetings and letters, the full implementation of ONORC through e-POS was restarted on July 23, 2021.

The matter is listed for hearing on October 27.

The Delhi government’s doorstep delivery of ration scheme has been stalled due to differences between the Delhi government and the Centre. The scheme was to be launched on March 25, but the Union food and consumer affairs ministry wrote to the Delhi government on March 19 raising two objections— the use of the term “mukhyamantri (chief minister)” for a scheme involving the distribution of food grains allocated under the National Food Security Act (NFSA), and that any change in the delivery mechanism requires an amendment in NSFA that can be done only by Parliament.

The Delhi government, on March 24, passed a Cabinet decision to remove the name “Mukhyamantri Ghar Ghar Ration Yojna” for the scheme and to implement doorstep delivery of ration as part of the existing NFS Act, 2013.

After complying with the objections raised by the Centre, the Delhi government sent the file back to the LG in June. Then, the file was sent once again on October 5 after the high court order.