Sk. Manowar Ali & Ors. vs. The State of WB & Ors.
The plea before the court prayed that a notification by the State Government which amended the clause 18 of the West Bengal Public Distribution System (Maintenance & Control) order, 2013 is been found unconstitutional and ultra vires to Essential Commodities Act, 1955 and National Food Security Act, 2013.
The petitioner argued that only the Central Government has the power to make laws on essential commodities and on other side also it has not delegated the authority to the State Government.
The advocate SN. Mookherji appeared for the respondent argued that the ‘Duare ration scheme’ is an administrative order u/s 12(1) NFSA and Article 162, IC. The state will be held liable and responsible for implementing and monitoring the schemes of central government of India.
The court considering the submission observed that the statutory order issued u/s 3 of ECA, 1955 doesn’t entitle benefits to the beneficiary as under NFSA, 2013.
The court opined that the delivery of rations to the doorstep of the beneficiaries is included u/s 24(2)(b) & 32, NFSA and the responsibility or authority lies on the state government. The plea of repugnancy would be attracted if and only when the legislation actually falls under the concurrent list of 7th Schedule.
The court held that the legislation of scheme is for the welfare of the beneficiaries because it didn’t find any illegality in that.