Supreme Court refuses to direct government to frame national policy for setting up community kitchens across India

Tribune News Service

Satya Prakash

New Delhi, February 23

Maintaining that the scope of judicial review in examining the policy matters is very limited, the Supreme Court has refused to direct the government to frame a national policy for setting up community kitchens across India to offer subsidised food to the poor.

“It is well settled that the scope of judicial review in examining the policy matters is very limited. The Courts do not and cannot examine the correctness, suitability or appropriateness of a policy, nor are the courts advisors to the executive on the matters of policy which the executive is entitled to formulate,” a Bench led by Justice Bela M Trivedi said in its February 22 judgment.

“Courts cannot direct the States to implement a particular policy or scheme on the ground that a better, fairer or wiser alternative is available. Legality of the policy, and not the wisdom or soundness of the policy, would be the subject of judicial review, it said, refusing to issue further directions on a PIL filed by one Arun Dhawan.

The top court said the National Food Security Act (NFSA) and other welfare schemes were already there to provide adequate quantities of subsidised food for the poor.

“We have not examined whether the concept of Community Kitchens is a better or wiser alternative available to the States to achieve the object of NFSA, rather we would prefer to leave it open to the States/UTs to explore such alternative welfare schemes as may be permissible under the NFSA,” it said.

“Thus, there being a systematic legal framework provided under the NFSA for the implementation of the schemes and programmes like Targeted Public Distribution System, Mid-day Meal Scheme, Integrated Child Development Services and Maternity Cash Entitlement along with a Monitoring Mechanism and a Grievance Redressal Mechanism, and the States/UTs having also implemented various other schemes and programmes under the said Act, we do not propose to direct the States/UTs to implement the concept of Community Kitchens as prayed for by the petitioners in the instant petition,” it said.

The Bench said, “When the NFSA with a ‘right based approach’ for providing food and nutritional security, is in force and when other welfare schemes under the said Act have also been framed and implemented by the Union of India and the States, to ensure access to adequate quantity of quality food at affordable prices to people to live a life with dignity, we do not propose to give any further direction in that regard.”

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