The Supreme Court on Wednesday overturned the order of the Odisha High Court and upheld the decision of the State Government to bar a certain segment of people from dealing in the public distribution system (PDS).
In 2008, the Government had issued a Gazette notification which said that no dealer shall hold a licence to deal in a commodity under the PDS if he or any of his family members have a commercial interest in the business.
The High Court had quashed Clause 5 of PDS (Control) order, 2008 and said that every citizen has a right to do business. However, the State Government had challenged the order in the SC, which upheld the notification of the Government.
The Apex court, in its order, said that where larger public interest is involved, it will not be considered as an infringement of fundamental rights of an individual.
Clause 5 of the PDS (Control) order, 2008 says, “No dealer shall hold a licence to deal in a commodity under the PDS under this Order if he or any of his family members have a commercial interest in a business in or are commercial users of the said commodity or a commodity closely related to the said commodity or is a member of any Advisory or Vigilance Committee or any other Committee entrusted with supervision of the PDS.”
The notification clarified that commercial interest shall include business partnership and a relationship of tenant/ landlord of a commercial building, diesel and petrol shall be deemed to be commodities closely related to kerosene, owner of a commercial vehicle including boat shall be deemed to be a commercial user of Diesel/petrol and family shall mean a family unit consisting of the individual concerned, his/her spouse, their unmarried sons and daughters and married sons and dependent parents.