The Supreme Court Monday dismissed a PIL seeking the quashing of the National Food Security Ordinance on the grounds that it wasUPA government’s politically inspired pre-election propaganda camouflaged as a scheme to feed the hungry mouths.
“What is your problem if under the scheme some poor people are benefitted,” observed a bench of Justice T.S. Thakur and Justice Vikramajit Sen as it dismissed the petition as withdrawn.
The court asked the petitioner advocate M.L. Sharma in what way his fundamental rights were violated by the implementation of the ordinance.
Sharma had moved the apex court under Article 32 of the constitution under which people living in India could move the apex court seeking the enforcement of their fundamental rights.
As Sharma sought to highlight the political dimension of the ordinance, the court asked him to move the appropriate high court as under Article 226 of the constitution, it had wider powers.
The apex court under Article 32 has limited powers, the court told the PIL petitioner. Article 226 provides wide power to high courts to issue certain writs.
The PIL petitioner had described the government move as “malafide” as the ordinance will be misused by ruling party for their pre-election propaganda and political considerations.
Describing the promulgation of ordinance as “unconstitutional”, Sharma in his PIL had said: “Can a bill that had been introduced in parliament but not even debated for the fear of its being defeated on the floor of the parliament be made into a law by taking the ordinance route.”
The PIL had contended that Article 123 of the constitution empowers the president to promulgate ordinances during recess of parliament but only to deal with a situation requiring emergent legislations.
The Bill to enact food security law was introduced in parliament in the first week of May but it was not pushed as the government did not except to to be passed, Sharma had contended in his petition.