IMPORTANT POINT
States should take up this matter with much more seriousness and implement the Act in its true letter and spirit.

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 does not issue such a direction and the State Government or the Union Territory does not implement a law passed by Parliament?

2. These two questions arise in the context of the seriousness with which the National Food Security Act, 2016 -a welfare legislation – is and should be implemented.

3. Initially the National Food Security Ordinance, 2013 was promulgated by the President on 5th July, 2013. Thereafter, the National Food Security Bill, 2013 was introduced in Parliament with, amongst others, the following objectives:

“(k) impose obligation upon the State Governments to put in place an internal grievance redressal mechanism which may include call centers, help lines, designation of nodal officers, or such other mechanism as may be prescribed by the respective Governments; and for expeditious and effective redressal of grievances of the aggrieved person in matters relatingto distribution of entitled foodgrains or meals under Chapter II of the proposed legislation, a District Grievance Redressal Officer, with requisite staff, to be appointed by the State Government for each District, to enforce these entitlements and investigate and redress grievances;

(l) make provision for State Food Commission to be constituted by every State Government for the purpose of monitoring and review of implementation of the proposed legislation;

(o) conduct or cause to be conducted by every local authority, or any other authority or body, as may be authorized by the State Government, periodic social audits on the functioning of fair price shops. Targeted Public Distribution System and other welfare schemes, and cause to publicise its findings and take necessary action, in such manner as may be prescribed by the State Government;”

4. The National Food Security Bill was passed by both Houses of Parliament and received the assent of the President on 10th September, 2013. Almost four years have gone by but the authorities and bodies mandated to be set up under the National Food Security Act, 2013 (for short ‘the NFS Act’) have not yet been made functional in some States. This is despite the fact that Section 14 of the NFS Act requires that “Every State Government shall put in place an internal grievance redressal mechanism….”

5. Similarly, Section 15 of the NFS Act provides that “The State Government shall appoint or designate, for each district, an officer to be the District Grievance Redressal Officer…..”

6. Section 16 of the NFS Act provides that “Every State Government shall, by notification, constitute a State Food Commission……..”

7. Section 28 of the NFS Act provides that “Every local authority, or any other authority or body, as may be authorized by the State Government, shall conduct or cause to be conducted periodic social audits……”

8. Similarly Section 29 of the NFS