JUDGMENT :

Heard Mr. R.C. Borpatra Gohain, the learned senior counsel assisted by Mrs. S. Borpatra Gohain along with all other counsels appearing on behalf of all the petitioners in the writ petitions. I have also heard Mr. D. Saikia, the learned Advocate General, Assam assisted Mr. D. Nath, the learned Senior Government Advocate for the State respondents.

2. The issue involved in the batch of the writ petitions relates to as to whether the action of the State Government in tagging the fair price shops having 50 or less than 50 ration cards to the nearest fair price shops is within the parameters of the Constitutional mandate. The stand of the respondent State is based upon that such measures are being taken to progressively undertake necessary reforms in the Targeted Public Distribution System in consonance with the National Food Security Act, 2013 (for short, the Act of 2013) and its implementation thereof.

3. For ascertaining as to whether the action of the respondent State is within the realm of the Constitutional mandate, it would be relevant to take note of the Act of 2013 and the Rules framed therein under as well as also the Essential Commodities Act, 1955 and the Orders issued in pursuance thereof on the basis of which the petitioners claim right upon the licences being issued to them.

4. Let this Court first take into consideration the Act of 2013. The Act of 2013 was enacted to provide for food and nutritional security in human life cycle approach, by ensuring access to adequate quantity of quality food at affordable prices to people to live a life with dignity and for matters connected therewith or incidental thereto. It is beneficial to refer to the “Introduction” to the Act of 2013 to understand the scope and purpose of the said Act which is reproduced herein below:-

“INTRODUCTION

Eradicating extreme poverty and hunger is one of the goals under the Millennium Development Goals of the United Nations. It casts responsibilities on all State parties to recognize the right of everyone to adequate food. Food security means availability of sufficient foodgrains to meet the domestic demand as well as access, at the individual level, to adequate quantities of food at affordable prices.

Providing adequate food has always been focus of the Government's planning and policy. However, this legislation marks a paradigm shift in addressing the problem of food security from the current welfare approach to a right based approach. This legislation would confer legal rights on eligible beneficiaries to receive entitled quantities of foodgrains at highly subsidized prices. Besides, it also confers legal rights on women and children and other special groups such as destitute, homeless, disaster and emergency affected persons and persons living in starvation to receive meal free of charge or at affordable price.”

5. Article 47 of the Constitution of India inter-alia provides that the State shall raise the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties. The Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights, to which India is a signatory, also casts responsibilities on all State parties to recognize the right of everyone to adequate food. Eradicating extreme poverty and hunger is one of goals under the Millennium Development Goals of the United Nations. In the judgment of the Supreme Court in the case of Bandhua Mukti Morcha vs. Union of India and Others, reported in (2021) SCC Online SC 441, the Supreme Court observed that the right to life as guaranteed by Article 21 of the Constitution gives right to every human being to live a life of dignity with access to at least bare necessities of life. It was observed that to provide food security to impoverish persons is the bounden duty of all States and the Governm