Supreme Court Redirects Ration Distribution Plea to Calcutta High Court
On Monday, the Supreme Court of India addressed a petition challenging the exclusion of individuals from the ration distribution system in West Bengal. The exclusion is based on their omission from electoral rolls following the Special Intensive Revision (SIR). The court advised the petitioner to present the case before the Calcutta High Court for further consideration.
The petition, submitted by Paschim Banga Khet Majoor Samity, an agricultural workers’ union, disputes orders issued by the West Bengal Food and Supplies Department on June 4 and a notification from the Department of Women and Child Development and Social Welfare dated May 19. These orders and notifications link the status of beneficiaries under the Public Distribution System (PDS) and the Annapurna Yojana to classifications made during the SIR process. These classifications include categories like deceased, relocated, deleted, and absentee voters.
The petitioner argues that the mechanical application of these linkages could render between 3.5 million and 6 million ration cards inactive, significantly affecting the livelihoods of many residents. Advocate Prasanna Kumar, representing the petitioner, emphasized the urgency of the matter, noting that the court had previously upheld the SIR process in the case of Association for Democratic Reforms v Election Commission of India. Kumar pointed out that other states have adopted similar practices, linking SIR outcomes to welfare entitlements.
The petition asserts that the linkage contravenes Articles 14 and 21 of the Indian Constitution, as SIR exclusion does not reflect economic vulnerability or citizenship, a distinction the Supreme Court itself recognized in the ADR judgment. Furthermore, the petition contends that the use of data collected for electoral revision purposes in determining welfare eligibility is inappropriate.
Justice B.V. Nagarathna, one of the judges on the vacation bench alongside Justice Joymalya Bagchi, questioned the filing of the plea under Article 32 of the Constitution. She noted that the plea introduces a distinct cause of action concerning whether the ration cards should be discontinued or if those individuals should remain as beneficiaries under the PDS. Justice Nagarathna recommended that this issue be addressed by the Calcutta High Court.
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In a Twitter update by Bar and Bench, it was highlighted that the plea was mentioned in the Supreme Court with concerns over exclusion from the ration system due to the West Bengal SIR.
