The top court refused to pass any directions in the case, saying that the National Food Security Act (NFSA) and other welfare schemes are being implemented by the Center and states.
सुप्रीम कोर्ट का राज्यों को किसी विशेष योजना को लागू करने का निर्देश देने इनकार
The Supreme Court said that the scope of judicial review in examining government policy matters is very limited and courts cannot direct states to implement a particular policy or scheme on the ground that a “better, fairer or wiser” alternative is available. Is.
The court made the observation while disposing of a PIL seeking planning of setting up community kitchens to tackle hunger and malnutrition.
The top court refused to pass any directions in the case, saying that the National Food Security Act (NFSA) and other welfare schemes are being implemented by the Center and states.
A bench of Justices Bela M. Trivedi and Pankaj Mithal said that the legality of the policy, rather than its prudence or soundness, would be the subject of judicial review.
The bench said, “It is well known that the scope of judicial review in examining policy matters is very limited. The courts do not and cannot inquire into the correctness, appropriateness or propriety of any policy, nor are the courts advisors to the executive on policy matters which the executive has the power to make. “Courts cannot direct states to implement a particular policy or scheme on the ground that a better, transparent or logical alternative is available.”
The top court said that it is for the states and union territories to ensure the implementation of alternative welfare schemes.
The bench said, “When the National Food Security Act (NFSA) is in place with a ‘rights based approach’ to provide food and nutrition security and when people are ensured access to quality food in adequate quantity at affordable prices to lead a dignified life, Other welfare schemes under the said Act have also been framed and implemented by the Union of India and the States for this purpose, we do not propose to give any further direction in that regard.”
The Court said, “We have not examined whether the concept of community kitchens is a better or wiser option for the States to achieve the objective of the NFSA, but rather we have referred the States/UTs to explore such alternative welfare schemes.” Would prefer to leave to Union Territories what may be permitted under NFSA.”
The top court’s decision came on a PIL filed by social activists Anun Dhawan, Ishan Singh and Kunjan Singh. The petition sought directions to all states and union territories to prepare a scheme for community kitchens to tackle hunger and malnutrition.
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