JUDGMENT

Madan B. Lokur, J.

1. Our Constitution provides a simple answer to one disturbing question that has arisen in this case: What can the Government of India do to require the State Governments and Union Territories to make functional those bodies and authorities that are mandated by a law passed by Parliament (such as the National Food Security Act, 2013)? The answer to this is provided in Article 256 of our Constitution – perhaps a forgotten provision – which reads as follows:

“256. Obligation of States and the Union – The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.”

In other words, the Government of India cannot plead helplessness in requiring State Governments to implement parliamentary laws.

Another question that arises is : What remedy does a citizen of India have if the Government of India doe