SEMINAR PAGE | 1

WEST BENGAL’S DUARE RATION SCHEME 2021-

CRITICAL ANALYSIS

A PROJECT SUBMITTED TO

ARMY INSTITUTE OF LAW, MOHALI

IN THE PARTIAL FULFILMENT OF THE REQUIREMENTS FOR

THE AWARD OF

DEGREE OF B.A.LL.B.
SUBMITTED BY
MRITYUNJAI RAI
ROLL NO. – 2038

PUNJABI UNIVERSITY, PATIALA, PUNJAB

SUBMISSION YEAR: 2023
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DECLARATION

IT IS CERTIFIED THAT THE PROJECT WORK PRESENTED IN THIS REPORT

ENTITLED “WEST BENGAL’S DUARE RATION SCHEME 2021- CRITICAL
ANALYSIS” EMBODIES THE RESULTS OF ORIGINAL WORKS CARRIED OUT BY
ME. ALL IDEAS AND REFERENCES HAVE BEEN DULY ACKNOWLEDGED.

MRITYUNJAI RAI

ROLL NO. 2038

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ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to our Principal- DR TEJINDER KAUR
as well as other teachers under whose guidance I have had this golden opportunity to work on
this wonderful project on the topic- WEST BENGAL’S DUARE RATION SCHEME
2021- CRITICAL ANALYSIS. This has also helped me in doing a lot of research and I
have come across many new ideas and concepts.

I would also like to extend a sincere thanks to my Parents who have provided me with every
kind of support required in the completion of this project. Last but not least; I would also like
to thank the Almighty for giving me enough strength to finish this project. I am really
thankful to all of them.

THANKS AGAIN TO ALL THOSE WHO HELPED ME.

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INDEX

Abstract 5
Introduction 6
Objective 7
Features of Scheme 8
Benefits of the Duare Ration Scheme 9
Public Distribution System 11
Criticism of the Duare Ration Scheme 11
Validity of Scheme 13
Conclusion 17
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ABSTRACT

The "Duare Ration" scheme, launched by the Government of West Bengal, stands as a
pioneering initiative aimed at revolutionizing food distribution and bolstering food security
for its residents. This visionary program, redefines the paradigm of public distribution
systems by promoting efficiency, transparency, and equitable access to essential food grains.

At its core, Duare Ration seeks to streamline the delivery of food grains, primarily rice and
wheat, to eligible beneficiaries. Through the innovative use of technology and digitization,
the scheme eliminates traditional bottlenecks and optimizes the distribution process.
Beneficiaries have the choice of collecting their allotted ration from Fair Price Shops or
enjoying the convenience of doorstep delivery.

This scheme places digitalization at the forefront, introducing digital ration cards and point-
of-sale (POS) machines at Fair Price Shops. Such initiatives enhance transparency by
enabling real-time tracking of transactions, thereby reducing leakages and the potential for
corruption. As a result, Duare Ration ensures that every grain of food reaches the intended
beneficiaries.

Eligibility criteria are thoughtfully determined, catering to the socio-economic diversity of

the population. The program's gradual expansion from a pilot phase to statewide coverage
demonstrates the government's commitment to reaching the last mile and ensuring that no one
is left behind in the quest for food security.

In summary, Duare Ration is not merely a government scheme but a visionary testament to
harnessing technology and innovation for the greater good. It exemplifies an approach where
efficiency meets equity, ensuring that the basic human right to food is upheld. While the
number of beneficiaries has grown significantly since 2021, the true impact of Duare Ration
lies in its transformation of food distribution into a transparent, efficient, and accessible
process, serving as a model for other regions and nations seeking to address food security
challenges.
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INTRODUCTION

Duare Ration Scheme - Transforming Food Security in West Bengal

The West Bengal State Government started the Duare Ration Scheme (ration at doorstep) for
providing food grains under the Public Distribution System (PDS) at the doorstep for the
entire population of the State on 15 Sept 2021 by issuing a notification. Duare Ration is a
Scheme where citizens do not have to go far to get the required rations. In other words, the
state government has promised to open ration centers at the local level under this Scheme.
The state government is also going to make arrangements to deliver rations to households
under this Scheme.1 In a world where access to basic necessities like food remains a
fundamental human right, this pioneering program reimagines the way food grains are
distributed, with a focus on efficiency, transparency, and equitable access. Launched with the
aim of eradicating hunger and malnutrition, the Duare Ration scheme represents a powerful
step towards a more food-secure and socially inclusive West Bengal.

Initially, Duare Ration started its journey as a pilot project of the election campaign of
Mamata Banerjee. At that time, the Scheme was launched experimentally in Birbhum and
West Burdwan. A mobile application, "Khadya Sathi: Amar Ration Mobile App" to help

1
Duare Ration Scheme 2023 Registration Online: Eligibility Criteria, available at:
https://www.wbgov.org/duare-ration-scheme/ (last visited on Sept 05, 2023).
SEMINAR PAGE | 7

people apply for ration cards, was also launched. For the same purpose, a WhatsApp chatbot
for Food & Supplies Department was also inaugurated.2

Name of the scheme Duare Ration Scheme, West Bengal

Department West Bengal Food and Supplies Department

State West Bengal

Launch year 2021

To provide ration at the doorstep in West
Purpose
Bengal.

OBJECTIVE

To ensure that eligible residents of West Bengal have easy and equitable access to essential
food grains, primarily rice and wheat, by streamlining the distribution process, reducing
corruption, and enhancing food security. This Duare Ration Scheme have been launched to
make the life of common people a little easier. Ordinary people will be able to collect
necessary rations near their homes. As a result, one of the objectives of this Scheme is to
reduce the suffering of common people in the state. Arrangements have been made so that the
common people can easily get their required rice, pulses, oil, spices, etc. with them at home.
By leveraging technology and targeted assistance, the scheme seeks to reduce hunger,
improve food security, and ensure that government resources are used effectively to benefit
the most vulnerable members of the population.

Chief Minister Mamata Banerjee said, “This Duare Ration Scheme will help 10 crore people
of the state. I will request all the ration dealers to make it a success. From now on, over 10
crore people in the state will getting their ration at the doorstep on a fixed day of every
month.”3

2
West Bengal launches ‘Duare Ration’ scheme, available at: https://www.gktoday.in/west-bengal-launches-
duare-ration-scheme/#Khadya_Sathi_Amar_Ration_Mobile_App (last visited on Sept 05, 2023).
3
Duare Ration: West Bengal launches ration at doorstep scheme to benefit 10 crore people, available at:
https://www.jagranjosh.com/current-affairs/duare-ration-west-bengal-launches-ration-at-doorstep-scheme-to-
benefit-10-crore-people-1637142825-1 (last visited on Sept 05, 2023).
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FEATURES OF SCHEME

The scheme incorporated several key features to achieve these objectives. Here are some of
the elaborated features of the Duare Ration scheme:

 Doorstep Delivery: One of the central features of Duare Ration is the option for
beneficiaries to receive their allotted food grains at their doorstep. This reduces the
need for beneficiaries to visit Fair Price Shops (FPS) physically, making it more
convenient, especially for vulnerable individuals and those living in remote areas. The
government would have to spend ₹ 160 crore for this scheme and it is expected
to benefit around 10 crores of people of the state.
There are around 21000 rational dealers in the state and the government would
provide a subsidy of Rs. 1 lakh to each dealer to purchase a delivery vehicle. Each
vehicle would be parked at a convenient location in a neighbourhood so that residents
need not walk more than 500 meters to avail of the ration. 4 To cover any shortfall in
revenue of distributors, the Government has decided to enhance the commission for
ration dealers from ₹ 75 to ₹ 150 per quintal of food grains.
Ration dealers will also be allowed to recruit two assistants for which the state would
pay half their salaries. They will be getting a salary of ₹ 10,000 per month. The
government will pay ₹ 5,000 and the rest will be paid by the dealer. So, for 21,000
dealers, 42,000 jobs will be created. Local youth will be also benefit,.
As the state would be requiring more ration dealers, the working capital to apply for a
ration dealer would be lowered from ₹ 1 lakh to ₹ 50,000. "This will help more and
more people apply for ration dealerships. Many youth can enrol themselves for the
same. Women too can apply for the same,"
As per the guidelines, ration dealers have to divide beneficiaries under their
jurisdiction into 16 clusters, and designate a day month for the distribution of
foodgrains in each cluster. The distributions will happen every Tuesday, Wednesday,
Thursday and Friday.5

4
Shiv Sahay Singh, “Mamata launches Duare Ration scheme in WB”, The Hindu, Nov 16, 2021, available at:
https://www.thehindu.com/news/national/other-states/mamata-launches-duare-ration-scheme-in-wb/
article37528887.ece (last visited on Sept 05, 2023).
5
Anish Singh, “‘Duare Ration’ pilot project to begin on Sept 12, norms issued”, The Indian Express, Aug 21,
2021, available at : https://indianexpress.com/article/cities/kolkata/duare-ration-pilot-project-to-begin-on-sept-
12-norms-issued-7479262/ (last visited on Sept 05 , 2023).
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 Digital Ration Cards: The scheme introduced digital ration cards to replace
traditional paper-based cards. These digital cards contain essential information about
beneficiaries and their entitlements. This digitalization reduces the risk of card fraud
and ensures a more efficient and transparent distribution process.
 Use of POS Machines: Fair Price Shops are equipped with Point-of-Sale (POS)
machines. These machines facilitate real-time authentication of beneficiaries, record
transactions, and maintain a digital record of distribution. This feature enhances
transparency and reduces the chances of diversion or mismanagement.
 Digitization of Records: By digitizing beneficiary records and transaction history,
the scheme helps authorities maintain accurate data and monitor the distribution
process closely. It simplifies the management of records and reduces paperwork.
 Transparent Allotment: Beneficiaries can check their entitlements and allocations
through the digital system, ensuring transparency in the allotment of food grains. This
transparency helps prevent any discrepancies and allows beneficiaries to verify their
entitlements.

BENEFITS OF THE DUARE RATION SCHEME

The Duare Ration scheme in West Bengal are aimed at improving food security and ensuring
that essential food grains reach eligible beneficiaries efficiently and transparently. Here are
some of the key benefits of the scheme:

 Improved Food Security: Duare Ration enhances food security by providing eligible
beneficiaries with access to essential food grains, primarily rice and wheat, at
affordable prices. This helps ensure that families have an adequate supply of staple
food items, reducing the risk of hunger and malnutrition.
 Efficient Distribution: The scheme streamlines the distribution of food grains by
introducing technology such as digital ration cards and point-of-sale (POS) machines.
This efficiency reduces long queues and waiting times at Fair Price Shops, making it
easier for beneficiaries to access their entitlements.
 Transparency: Duare Ration promotes transparency in the distribution of food
grains. The use of digital systems and real-time tracking through POS machines helps
SEMINAR PAGE | 10

minimize leakages and corruption, ensuring that food reaches the intended
beneficiaries.
 Doorstep Delivery: Beneficiaries have the option to receive their ration at their
doorstep, eliminating the need for them to travel to Fair Price Shops. This is
particularly beneficial for individuals who may face mobility challenges or live in
remote areas.6
 Targeted Assistance: The scheme aims to target assistance to those who need it most
by using eligibility criteria based on income and socio-economic status. This helps
ensure that government resources are directed toward vulnerable populations.
 Reduction in Middlemen: By reducing the role of middlemen in the distribution
process, Duare Ration minimizes the chances of diversion and siphoning off food
grains meant for beneficiaries.
 Digital Records: The digitization of ration cards and transactions creates a digital
record of beneficiaries' entitlements, making it easier for authorities to manage and
track the distribution of food grains.
 Pilot Phase and Expansion: The scheme's phased implementation, starting with a
pilot phase, allows for learning and refinement before full-scale expansion. This
approach helps address challenges and fine-tune the program.
 Reduced Dependence on Physical Documents: Digital ration cards and technology-
based systems reduce the dependence on physical documents, making it more
convenient for beneficiaries and reducing the risk of document loss. 7

It's important to note that the effectiveness of the scheme depends on its implementation,
oversight, and the commitment of the government to addressing any challenges or
shortcomings that may arise during its execution. As government programs evolve, their
benefits may also evolve, and the specific outcomes of the Duare Ration scheme may vary
over time.

PUBLIC DISTRIBUTION SYSTEM

6
Duare Ration Scheme, available at: https://www.gktoday.in/duare-heme/#(last visited on Sept 05, 2023).
7
Supra note 1 at 6.
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The Public Distribution System (PDS) in India is a government-run program managed by

the Ministry of Consumer Affairs, Food and Public Distribution under ambit of National
Food Security Act, (NFSA) 2013 which aimed at providing essential food commodities and
other essential items at subsidized rates to eligible beneficiaries (75% of the rural population
and 50% of the urban population).8 The primary objective of the PDS is to ensure food
security, alleviate poverty, and reduce hunger and malnutrition among vulnerable populations
by Targeted Public Distribution System.

The PDS is a joint effort between the central and state governments. The central government
procures food grains from farmers at Minimum Support Price (MSP), maintains buffer
stocks, and allocates them to states. States, in turn, are responsible for the distribution and
management of the PDS within their respective territories. Beneficiaries are identified based
on various criteria, including income levels, socio-economic status, and family size. Each
state determines its own eligibility criteria for inclusion in the PDS. The core items
distributed through the PDS are rice, wheat, and coarse grains like millets and maize. These
grains are provided at subsidized rates.

The distribution of food grains and other items under the PDS is carried out through a
network of Fair Price Shops (FPS) that are operated by private individuals or cooperatives.
FPS owners play a crucial role in ensuring that beneficiaries receive their entitlements.

CRITICISM OF THE DUARE RATION SCHEME

While the Duare Ration scheme in West Bengal has received praise for its intentions and
certain aspects, it has also faced criticism and challenges:

 Exclusion Errors: One common criticism is that some eligible beneficiaries may still
be excluded from the scheme due to issues with the identification process or the
criteria used to determine eligibility. This exclusion can leave vulnerable individuals
without access to essential food supplies.
 Technical Challenges: The scheme's reliance on technology, such as digital ration
cards and POS machines, can be problematic in areas with poor internet connectivity

8
The National Food Security Act, 2013 (Act 20 of 2013), s. 9.
SEMINAR PAGE | 12

or limited digital literacy. This can create barriers for some beneficiaries, particularly
in rural and remote regions.
 Corruption and Mismanagement: While one of the goals of the scheme is to reduce
corruption in the distribution of food grains, there have been reports of corruption and
mismanagement at various levels of implementation. This includes instances of Fair
Price Shop owners diverting food grains or engaging in unethical practices.
 Logistical Issues: Doorstep delivery of ration can face logistical challenges,
including delays in delivery or distribution errors. These issues can disrupt the timely
access of beneficiaries to their entitlements.9
 Budgetary Constraints: Ensuring food security for a large population can be
financially demanding. Critics argue that sustaining such schemes might strain
government budgets, potentially affecting other essential services.
 Lack of Real-Time Monitoring: Despite the introduction of technology, there may
still be challenges in real-time monitoring and oversight of the program, leading to
inefficiencies and potential misuse.
 Inequality in Access: In some cases, the scheme may not address the specific needs
of marginalized or vulnerable groups adequately. There may be disparities in access
and benefits among different sections of the population.
 Ration dealer claimed that it is harming the interests of the ration dealers. They also
said that such a scheme was taken up in Delhi earlier which was not very successful.

It's important to note that while criticism exists, government schemes like Duare Ration are
often evolving in response to feedback and challenges. The effectiveness of such schemes
depends on their implementation and the ability to address these criticisms and shortcomings
over time.

But in spite of all this, this Scheme is undoubtedly a good initiative for the common people.
Especially many citizens are happy to get rations in their own homes. And it reduces the
suffering of people collecting their ration.

On the other hand, the ration dealers had collectively opposed the Scheme and appealed to
the Calcutta High Court, which has made the future of the Scheme uncertain.

9
Duare Ration Scheme 2023 Registration Online: Eligibility Criteria, available at:
https://www.wbgov.org/duare-ration-scheme/ (last visited on Sept 05, 2023).
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VALIDITY OF SCHEME

Background

By using Entry 33 of List-III10 Central Government enacted Essential Commodities Act,

1955 (‘EC Act’ for short) giving the same due protection under Article 31B of the
Constitution of India. Section 3 of ‘EC Act’ 11 vested power in the Central Government to
provide for regulating or prohibiting the production supply and distribution of essential
commodities and trade and commerce therein by the issuance of requisite order.
Subsequently, State of West Bengal framed West Bengal Public Distribution (Maintenance
and Control) Order, 2013. In ‘Central Control Order, 2001’, ‘Rural Control Order, 2013’ and
‘Urban Control Order 2013’ there are four types of ration card holders (i) Above the Poverty
Line (APL), (ii) Below Poverty Line (BPL), (iii) Antyodaya Anna Yojana (AAY) and (iv)
Annapurna Yojana.

In the month of September 2013, the Central Government enacted the National Food
Security Act, 2013 (‘NFS Act’ for short) to maintain, control, and monitor the Targeted
Public Distribution System (‘TPDS’ for short). After the enactment of the ‘NFS Act’ the
beneficiaries under the Scheme were confined to two only viz. (i) Priority House Holds and
(ii) Antyodaya Anna Yojana.

In the month of March 2015, the Central Government invoking power under Section 3 of the
‘EC Act’ promulgated the Targeted Public Distribution System (Control) Order, 2015
(‘Central Control Order, 2015’ for short). Under Clause 9 of the ‘Central Control Order,
2015’, Central Government has delegated powers to the State Governments to issue requisite
orders under Section 3 of the ‘EC Act’ but such order should not be inconsistent with the
‘Central Control Order, 2015’ and ‘NFS Act’.

In the month of August 2015, the Central Government in exercise of the power conferred by
Section 39(ii)(e) read with Section 22(4)(d) of the ‘NFS Act’ 12 after consultation with the
State Governments enacted the Food Security (Assistance to State Governments) Rules, 2015
(‘2015 Rules’ for short) in Rule 7 of the ‘2015 Rules’ there is prescription regarding the share
of Central Government and State Government in the expenditure to be borne for the supply of
foodstuffs under the ‘NFS Act’.
10
Constitution of India, Schedule 7, List III, Entry 33.
11
Essential Commodities Act,1955 (Act 10 of 1955),s. 3
12
The National Food Security Act, 2013 (Act 20 of 2013), ss.39,22.
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In the month of November 9, 2021, the Governor of West Bengal by amendment to ‘Rural
Control Order, 2013’ in the exercise of the power conferred by Section 3 of the ‘EC Act’
inserted Clause 19(A) after Clause 19 fixing liability on the Fair Price Shop (‘FPS’ for short)
dealers to deliver public distribution commodities at the door step of the ration card holders.
Similarly the ‘Urban Control Order, 2013’ was also amended by inserting Clause 18 fixing
liability on the FPS dealers to deliver ration at the doorstep of ration card holders. On
November 16, 2021, the Governor of West Bengal in pursuance of provisions under Sections
12 and 32 of the ‘NFS Act’ made ‘West Bengal Duare Ration Scheme, 2021’ .

THE CONTROVERSY

In WPA No. 17375 of 2021 and in WPA No. 18630 of 2021 the aforesaid ‘Duare Ration
Scheme’ was brought under challenge on the ground of repugnancy with the parent Act i.e.
‘NFS Act’. In WPA No. 18630 of 2021, the amendment brought in the 2013 Control Order
(both rural and urban) vide Notification dated 9th November 2021 in inserting Clause 19(A)
and Clause 18 respectively in the said Control Order, was also challenged on the ground that
after coming into force of ‘Central Control Order, 2015’ and repeal of ‘Central Control
Order, 2001’, the 2013 Control Order both for the rural and urban area have become non-
existent and non-est in the eye of law.

The validity of scheme was challenged before Hon’ble Calcutta HC in case of Sekh Abdul
Majed v. State of West Bengal & Ors 13 where Justice Moushumi Bhattacharya had upheld
the meal scheme by opining that a reform in the targeted public distribution system and a
welfare scheme formulated for reaching food and nutritional security is a necessity-driven
measure to tide over the extant existential challenge. 14

Similarly, in the case of Sk. Manowar Ali & Ors v. The State of West Bengal & Ors15 where
Justice Krishna Rao in its order dated 16.06.2022 held that on the reading of the NFSA, 2013
and the rules framed there under as well as the statutory orders issued under Section 3 of the
Essential Commodities Act, 1955, there is nothing to show that the State Governments are
not entitled to extend a benefit to the beneficiaries under the NFSA, 2013.

13
Sekh Abdul Majed v. State of West Bengal & Ors, WPA No. 17375 of 2021.
14
Sparsh Upadhyay, “"Scheme A Reform In Targeted Public Distribution System": Calcutta High Court
Upholds Vires Of State Govt's 'Duare Ration Scheme'”, livelaw.in, Dec. 23, 2021, available at:
https://www.livelaw.in/news-updates/scheme-reform-targeted-public-distribution-system-calcutta-high-court-
upholds-vires-duare-ration-scheme-188306 (last visited on Sept 06, 2023).
15
Sk. Manowar Ali & Ors v. The State of West Bengal & Ors, 2022 LiveLaw (Cal) 250.
SEMINAR PAGE | 15

An appeal was made before a division bench of HC in the case of Sekh Abdul Majed v. State
of West Bengal & Ors16 where while adjudicating upon two appeals from two single judge
orders wherein the vires of the meal scheme of the West Bengal Government were
upheld, Calcutta High Court in its order dated 28.09.2022 held that the West Bengal 'Duare
Ration Scheme' under which the State government delivers foodgrains through the public
distribution system at the doorsteps of beneficiaries is illegal and ultra vires the National
Food Security Act, 2013 (NFS Act).

A Division Bench comprising Justice Aniruddha Roy and Justice Chitta Ranjan
Dash underscored,

"We are, therefore, constrained to hold that the State Government has transgressed the limit
of delegation by obliging the Fair Price Shop dealers to distribute the rations to the
beneficiaries at their doorstep in the absence of any authority to that effect in the enabling
Act i.e. 'NFS Act'. If the 'NFS Act' is amended by the wisdom of the Union Legislature i.e.
Parliament for doorstep delivery of food grains to the beneficiaries or invest any such power
to the State Government then only such a scheme can be made by the State and can be said to
be in sync with the enabling Act."

Observations

Pursuant to a perusal of the rival submissions, the Court noted that the concerned Single
Judges in the impugned orders passed have not properly construed the 'benefits' spoken of
within the meaning of "welfare scheme" that the State can undertake and the role assigned to
the State Government in different provisions of the National Food Security Act, 2013.

The Court noted that the outer limit of delivery that has been stipulated in the enabling Act
i.e. the National Food Security Act, 2013 only extends to and ends at the doorstep of the fair
price shop. Therefore, it was held that the State government on the pretext of welfare or to
supplement the enabling Act cannot transgress that outer limit by providing benefits from the
fair price shop to the doorstep of the ration card holder.

Opining that the wisdom of the legislature cannot be questioned and statutory provisions
cannot be transgressed, the Bench underscored,

16
Sekh Abdul Majed v. State of West Bengal & Ors , MANU/WB/1529/2022.
SEMINAR PAGE | 16

"The sovereign parliament in their wisdom have fixed the outer limit of delivery of foodstuffs
after due regard to the aims and objectives of the Act. Various provisions have been made,
which are essentially "machinery provisions" for proper monitoring, check on pilferage and
reach out of the benefits to actual beneficiaries. The wisdom of the legislature cannot be
questioned as to why fair price shop was chosen by the Act as outer limit of delivery and why
they did not explore little further to fix it at the doorstep of the beneficiaries. We cannot hold
that the distance from the fair price shop to the doorstep of the beneficiaries is an unexplored
distance or an extra mile only. The legislature has not covered this extra mile or unexplored
distance in it's wisdom that legislative wisdom can neither be questioned in "Judicial Review"
nor the gap can be filled up by exercise of plenary power under Article 226 of the
Constitution of India."

Accordingly, the Court held that the State Government in making the "Duare Ration
Scheme" has exceeded the limit of delegation by the enabling Act and that it is ultra
vires the 'National Food Security Act, 2013.17

The Supreme Court in its order dated 28.11.2022 in the case of State of West Bengal &
Anr. Vs. Sekh Abdul Majed and Ors.18 directed “status quo” in the Bengal government’s
proposed “Duare Ration (ration on doorsteps)” scheme which Calcutta High Court had on
September 28 declared “null and void”

Status quo, which is a Latin expression, refers to an order passed by a court directing the
parties to a dispute to maintain or preserve the existing state of affairs.

The order from the country’s apex court comes as a relief — though temporary — for the
Mamata Banerjee government as the scheme was a pre-poll promise of the chief minister and
the government began its phased rollout across the state in September. The legal challenge to
the scheme by a section of ration dealers, which was upheld by the high court, cast a shadow
on the continuation of the scheme.19

17
Aaratrika Bhaumik, “Breaking: 'State Gov Transgressed Limit Of Delegation': Calcutta High Court Holds WB
Govt's 'Duare Ration Scheme' To Be Illegal”, livelaw.in, Sept. 28, 2022, available at:
https://www.livelaw.in/news-updates/calcutta-hc-holds-wb-govts-duare-ration-scheme-to-be-illegal-210477(last
visited on Sept 06, 2023).
18
The State of West Bengal and Anr. vs. Sekh Abdul Majed and Ors., MANU/SCOR/120267/2022.
19
Kanika Upadhyay, “Supreme Court Puts Stays on Calcutta HC Order to Stop Duare Ration Scheme”, The
Telegraph Online, Nov 29, 2022, available at: https://www.telegraphindia.com/west-bengal/supreme-court-
directs-status-quo-in-bengal-governments-proposed-duare-ration-scheme/cid/1900807 (last visited on Sept 06,
2023).
SEMINAR PAGE | 17

A bench of Justice Sanjiv Khanna and Justice M.M.Sundresh said it was ordering “status
quo” to ensure that there was no inconvenience to the common people, but agreed to examine
the larger issue involved in the matter.

While hearing the case, the bench also referred to a similar policy adopted by the Arvind
Kejriwal government in Delhi under the “Mukhyamantri Ghar Ghar Ration Yojana” which
was struck down by the Delhi High Court in May.
The AAP government scheme was struck down by the high court on the ground that it
couldn’t utilize the grain supplied by the Centre for doorstep delivery and had upheld the
petitions filed by two ration dealers’ organizations challenging the scheme.

CONCLUSION

In conclusion, the Duare Ration scheme represents a beacon of hope and progress in the
realm of food security. By blending innovation with inclusivity, it has not only modernized
food distribution but has also reaffirmed the government's commitment to the welfare of its
citizens. As this initiative continues to evolve and expand, it serves as a powerful reminder
that with determination, technology, and compassion, we can overcome the challenges of
hunger and build a more equitable and prosperous society for all. Duare Ration is not merely
a government program; it is a testament to the potential of positive change when governance
meets the needs of the people it serves.

Scheme is prima facie for the welfare of people and is inlined with the functioning of the
welfare state. Doorstep delivery and digitalization would ensure transparency in services.
Lots of people were unable to avail the services, as PDS shops were far from their homes and
people had to wait in large queues. A ration vehicle at every 500 meters would ensure the
smooth distribution of food grains. On the other hand, a periodic review of the scheme is
required to ensure legally entitled salary/ share to the distributors. Further, the question of
repugnancy of the scheme is yet pending before the Hon’ble Supreme Court, and the
decision of the court will surely open new avenues in the Public Distribution System.