Point of Law: Public distribution system - Eligibility norms of persons and criteria for their selection as dealers - Exclusive preference in favour of self help groups - Ousting an individual from the zone of eligibility for selection of an 'agent' is fundamentally wrong as no person has an existence without the presence of an individual

JUDGMENT :

1. Let no one die of hunger is a fundamental duty postulated under Article 47 of the Constitution of India that must be read as a part of the right to life under Article 21 for it is the right to food without which the dignified existence of human beings is inconceivable. In other words, right to food is inherent in Article 21 of the Constitution of India obliging the State to ensure the execution of its duties in the true spirit of Article 47 read with Article 39-A of the Constitution of India. The discharge of this obligation fundamentally requires the government to have a Public Distribution System to reach out to the underprivileged citizens in order to satiate the basic ingredient of dignified life i.e. right to food. In the State of Uttar Pradesh, the targeted population for the supply of food grains under the Food Security Act, 2013 i.e. Patra Grahasthiand Antyodaya Ann Yojnais aimed at 15.21 crores out of which 14.69 crores are identified through bio-metric system according to the online report dated 11.2.2021 and this is what the statement on behalf of the State Government reads in para-6 of the counter affidavit filed in Writ Petition No. 16086 (MS) of 2021. For a population of this dimension residing in rural areas, the State Government is obliged to evolve a foolproof mechanism ensuring distribution of food grains as per the policy of the State trammeled in law.

2. Public Distribution System is incorporated under Entry-28 Schedule-XI of the Constitution of India, which by virtue of Article 243G, mandates as under:

"243G. Powers, authority and responsibilities of Panchayats-Subject to the provisions of this Constitution the Legislature of a State may, by law, endow the Panchayats with such powers and authority and may be necessary to enable them to function as institutions of self government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats, at the appropriate level, subject to such conditions as may be specified therein, with respect to -

(a) the preparation of plans for economic development and social justice;

(b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule"

3. In the pursuit of objects under Article 47 of the Constitution of India, the Essential Commodities Act, 1955 was enacted decades back but towards the fulfillment of Article 21 of the Constitution of India, the Food Security Act, 2013 was enacted by the Parliamant, whereunder, the targeted population as per the policy of the State is attentively focused for raising their standards of livelihood to a dignified level. It is for the achievement of this object that Public Distribution System is significant and must work to the optimum good of people particularly for the targeted village population. In the first two writ petitions at hand, the Court is concerned with the distribution of food grains through Public Distribution System at the village level which involves creation of an incentive based 'agency' by the government of which the financial liability payable to the dealers is met with out of the State largesse as a means of purported employment both in rural and urban areas. The targeted population in U.P. for this purpose in urban areas corresponds to 4.5 crores whereas in rural areas, it is figured at 15.51 crores.

4. In view of the 73rd Amendment in the Constitution of India, an amendment was also made in Section-15 of the Panchayat Raj Act, 1947 i.e. U.P. Act No. 9 of 1994 and thereby the functioning of Gram Panchayats was enlarged to the promotion of Public Distribution System for awareness and distribution of essential commodities inclusive of monitoring. Section 15 (xxix) of the U.P. Panchayat Raj Act, 1947 being relevant may be extracted below:

"15. Functions of Gram Panchayat. -Subject to such conditions as may be specified by the State Government, from time to