“Courts cannot direct the states to implement a particular scheme or policy…” SC while hearing the plea to establish Community Kitchens across India
On February 22, 2024, the Supreme Court (SC) of India declined to pass any guidelines or directions on a plea seeking to formulate a scheme to implement the concept of community kitchens across India. During the proceedings in the Anun Dhawan & Ors. vs. Union of India & Ors. case, the bench observed that the National Food Security Act (NFSA) was in force with a ‘right-based approach’ for providing food and nutritional security, and the same was implemented by the Union of India and the States. Considering this, the bench declined to give any further direction. Also, it said, “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.”
The bench comprising Justice Bela M. Trivedi and Justice Pankaj Mithal disposed of the writ petition stating that “It is well settled that the scope of judicial review in examining the policy matters is very limited.” It further added, “The Courts do not and cannot examine the correctness, suitability, or appropriateness of a policy, nor are the court's advisors to the executive on the matters of policy which the executive is entitled to formulate.” The SC also mentioned that the courts cannot direct the states to implement a particular scheme or policy on the grounds that a better, fairer, or wiser alternative is available. It also said, “Legality of the policy, and not the wisdom or soundness of the policy, would be the subject of judicial review.”
The petition was filed by Anun Dhawan (a social activist) under Article 32 of the Constitution of India seeking directions against the States and Union Territories to formulate a scheme to implement the concept of Community Kitchens to combat hunger, malnutrition, and starvation and the deaths resulting thereof. He also sought direction against the National Legal Services Authority to formulate a scheme to further the provisions of Article 50(1)A of the Constitution, as well as against the Central Government to create a National Food Grid beyond the scope of the Public Distribution Scheme.
On 27 October 2021, the SC directed the Union of India to interact with the concerned stakeholders for consideration of the Community Kitchens Scheme or any other similar schemes relating to Community Kitchens which are already in operation in different states. In context to this, the States/Union Territories filed their counter affidavits and listed certain schemes adopted and enforced in their respective states such as Poshan Abhiyan, Take Home Ration, Pradhan Mantri Garib Kalyan Anna Yojana, Mid-Day Meal, Open Market Sales Scheme, One Nation One Ration Card Scheme, Annapurna Scheme, Antyodaya Anna Yojana etc. After hearing the contentions the SC bench disposed of the writ petition and left to the States/Union Territories to determine whether the concept of Community Kitchens is a better or wiser alternative available to the States to achieve the object of NFSA.
