Mamata govt’s ration scheme fails HC test, but Trinamool not worried

The ‘Duare Ration’ scheme was conceived as an extension of the ‘Duare Sarkar’ initiative that had helped TMC win last year’s Assembly polls.

At the time of the scheme's launch, CM Mamata Banerjee assured a grant of Rs 1 lakh each to ration dealers who buy vehicles to deliver food items from door to door. (Express Photo/Representative image)

It was conceived as an extension of the Mamata Banerjee-led West Bengal government’s “Duare Sarkar (government at the doorstep)” programme that proved to be popular and helped the Trinamool Congress (TMC) score a massive win in last year’s Assembly elections. But, giving a boost to the Opposition, the TMC’s Duare Ration scheme that Banerjee rolled out last November has run into a legal hurdle and on Wednesday the Calcutta High Court declared it legally void after holding it to be “ultra vires to the National Food Security Act, 2013”. The ruling party, however, is not unduly worried.

The scheme was part of the TMC’s electoral promises. As part of it, the government sought to provide five kg of ration to families in need for free. At the time of its launch, the CM assured a grant of Rs 1 lakh each to ration dealers who buy vehicles to deliver food items from door to door. She said the vehicles ferrying ration would be stationed at a point in the neighbourhood and the dealers could hire two staff to deliver the ration at every doorstep. She said the delivery person would receive a monthly wage of Rs 10,000, of which the state would pay Rs 5,000 and the ration dealers the rest.

But the scheme received a cold response from ration dealers and soon they moved court to challenge it. After a single-judge Bench of the High Court held that there was no illegality in the scheme, ration dealers appealed and a Division Bench of Justices Chitta Ranjan Dash and Aniruddha Roy held that the ration scheme had “no legal validity”.

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The Division Bench observed, “The state government has transgressed the limit of delegation by obliging the fair price shop dealers to distribute ration to the beneficiaries at their doorstep in the absence of any authority to that effect in the enabling act, i.e, the National Food Security Act.”

The judges held that if Parliament amends the NFS Act for doorstep delivery of foodgrains to beneficiaries or invests such power to the state government to come up with such a scheme such an initiative can be in sync with the law. The state government is now thinking about appealing to the Supreme Court. “We are seeking legal opinion and will take a decision on whether we will move the Supreme Court or not,” said a senior official in the food department.

Ration dealers’ association leader Biswambhar Bose, who was one of the litigants, welcomed the court verdict. “Such a big win before the Puja is the best Puja gift for us,” he said.

The Opposition BJP also tore into what it termed the “TMC’s gimmicks”. BJP spokesperson Samik Bhattacharya said, “This was nothing but a gimmick. TMC used this to play a game. It not only disturbed the relationship between people and ration dealers, but the public distribution system was also seriously hampered.”

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The TMC, however, is not concerned about this verdict affecting its electorally, given that it comes months ahead of the panchayat elections that are scheduled for next year. A senior TMC leader said, “Like the Duare Sarkar scheme, Duare Ration also was a hit. So, if this scheme gets closed, people will miss it. That will benefit us.”

Atri Mitra

Atri Mitra is a highly accomplished Special Correspondent for The Indian Express, bringing over 20 years of experience to his reporting. His work is characterized by deep regional knowledge and a focus on critical administrative and political developments, establishing strong Expertise and Authority in his domain. Experience Current Role: Special Correspondent, The Indian Express. Decades of Experience: Over two decades of extensive reporting experience, primarily covering administration and political news. Geographical Focus: Holds significant reporting experience from West Bengal, Bihar, and the North-East, providing a comprehensive understanding of the socio-political landscape in these regions. Key Coverage: Has dedicated more than ten years to covering administration and political news, with a keen focus on political developments in West Bengal. Electoral Reporting: Demonstrated a commitment to crucial political moments, having covered the 2009 Lok Sabha election and 2010 assembly elections during his time at Anandabazar Patrika, and the 2019 Bihar Lok Sabha election while working with News18-Bangla. Career Foundation: Began his career at the leading vernacular daily Anandabazar Patrika, where he worked for more than fifteen years, including a three-year stint as the Bihar correspondent. Education Advanced Degree: Holds a Master's degree in Economics from Rabindrabharati University, providing an analytical framework for his political and administrative reporting. Undergraduate Education: Holds a Bachelor's degree from Calcutta University. Prestigious Alumni: His educational background includes attending esteemed institutions: he is an alumnus of St. Xavier's, Kolkata and Ramakrishna Mission Asrama, Narendrapur. Atri Mitra's decades of dedicated reporting, substantial focus on political and administrative beats, and solid academic credentials make him a trusted and authoritative source for news and analysis from Eastern and North-Eastern India. ... Read More