Swaraj Abhiyan (V) v. Union of India & Ors.
Background
This was the fifth in a running series of orders ("Swaraj Abhiyan" I-V) in a PIL concerning drought relief and food security. Nearly four years after Parliament enacted the National Food Security Act, 2013, several State Governments and Union Territories had still not set up the bodies the Act mandates, District Grievance Redressal Officers, State Food Commissions, Vigilance Committees, and social-audit machinery, despite these being compulsory statutory obligations. The petitioner sought directions compelling compliance and even asked the Court to appoint independent Food Commissioners or an Ombudsman to force implementation.
Decision Breakdown
The Court held that under Article 256 of the Constitution, the Union has both the power and the duty to direct States to comply with laws passed by Parliament, and that States cannot simply ignore a welfare statute enacted for the benefit of citizens. Surveying state-by-state compliance data, the Court found "more breaches than compliance" and declined, for now, to appoint an external Ombudsman or Commissioner, preferring instead to rely on cooperative federalism between the Centre and the States. It issued specific, time-bound directions: the Union's Secretary for Consumer Affairs, Food and Public Distribution was directed to convene meetings with State Secretaries by 31 August 2017, and to press every State/UT to notify grievance-redressal rules, constitute functional State Food Commissions and Vigilance Committees, and roll out social-audit machinery, all before the end of 2017. Justice N.V. Ramana wrote a separate opinion agreeing with these conclusions and directions while elaborating further on the constitutional underpinnings of cooperative federalism.
Lesson Learnt
A law passed by Parliament is not optional for the States to implement: under Article 256 of the Constitution, the Union government can and must direct States to comply, and courts can set concrete deadlines to make a welfare statute (like the National Food Security Act) a reality rather than words on paper.