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SC shouldn’t go into policymaking: Singh by Ashis Chakrabarti and Samanwaya Rautray


Prime Minister Manmohan Singh today said the Supreme Court should not go “into the realm of policymaking”.

This was his response at an interaction with newspaper editors here to the recent order by the apex court that the government give food free to the poor. The court’s directive had caused the government some embarrassment but it had been uncertain whether the Centre would legally challenge it.

While appearing to be unwilling to get into a legal confrontation on the issue or challenge the court’s powers to order the government around, Singh made it clear that he would defend the government’s powers and jurisdiction over policymaking.

Sharing the court’s sentiment on the issue of food availability for the poor, he argued that this (what the court had ordered) was not possible for the government of a country which had, according to the Suresh Tendulkar committee, 37 per cent of its people below the poverty line.

To the extent possible, his government has addressed the issue and there has been no rise in the price of grain since 2004, he said. He also referred to the food security bill on which a group of ministers is already working.

In the Supreme Court today, the Centre virtually ruled out supply of “free” foodgrain to the poor through the targeted PDS but listed several proposals that sought to address concerns over food rotting in godowns.

The two-judge bench of Justices Dalveer Bhandari and Deepak Verma lauded the government’s decisions as a “very good gesture”.

The government told the court that it had already incurred huge subsidies in providing food to the AAY (the poorest of the poor) and BPL categories. Besides, the government was providing “free” foodgrain under four existing schemes, an affidavit read out in the court said. In 2010 alone, 45.52 lakh tonnes were allocated under these four schemes, the government said.

The affidavit was filed in response to an August 31 court order asking the government to give away the excess foodgrain in the FCI godowns to the poor either at “low cost” or “no cost” rather than allow it to rot.

Agriculture minister Sharad Pawar had termed the order a suggestion, prompting the court to clarify that it was an order.

The court’s clarification had sparked a debate over whether the judiciary should issue such blanket orders in areas that are traditionally the domain of the executive.

Appearing before the Supreme Court today on behalf of the government, additional solicitor-general Mohan Parasaran said the government would allocate an additional 25 lakh tonnes of wheat and rice at BPL prices in the next six months to all states.

This will be in addition to the 469.57 lakh tonnes released in 2010-11 for the PDS. An order will be issued this week facilitating this, the government said, pending a review of the number of those eligible for BPL cards — a court suggestion.

Wheat is provided at Rs 2 per kg and rice at 3 per kg to the AAY category and at Rs 4.15 a kg and Rs 5.65 a kg, respectively, to the BPL category.

The court had expressed unhappiness at BPL cards still being issued on the basis of 1994 population figures and suggested that they be issued on the basis of 2010 data.

The government expressed its willingness, adding that the suggestion had been forwarded to the rural development ministry and the Planning Commission to frame criteria to determine the rural and urban poor. The states will then conduct surveys to determine the actual numbers, Parasaran said.

Seeking to avert a confrontation, the government sidestepped the issue of providing “free” foodgrain to the poor.

But acknowledging the court’s concerns over the surplus foodgrain rotting in FCI godowns, the government made several proposals, agreeing to take steps to prevent further loss of grain and improve storage facilities.

The Centre shifted the responsibility for waste to state governments.

It, however, expressed unwillingness to cap the politically sensitive issue of procurement from farmers —both to ensure that they get a minimum price and to meet the PDS requirements.

“Absence of an assured guarantee from the government procurement agencies will act as a disincentive to farmers from sowing these crops in future and a substantial shift may take place to other non-foodgrain crops. This will then drastically impact food security,” the government said.

The government said it would review food entitlements when it framed the Food Security Bill in consultation with the National Advisory Council. Till then, the government said, the APL category will stay. The court had asked the government to consider abolishing this category to ensure more food for AAY and BPL categories.