Even after a decade of the enactment of the National Food Security Act (NFSA), 2013, the National Capital Territory of Delhi is yet to establish rules for conducting a “social audit” into the functioning of its Public Distribution System (PDS) and Fair Price Shops. Delhi Lieutenant Governor VK Saxena has flagged the “delay” by the Arvind Kejriwal Government in framing rules for conducting a social audit into the functioning of the public distribution system and fair price shops.
These rules, mandated under sub-section 2 of Section 40 of the NFSA, aim to ensure transparency and accountability in the distribution of subsidized rations through the Act and PDS. Approving the file, Saxena expressed disappointment over the “sheer inaction” on the part of the Government, highlighting its failure to prioritise the framing of rules necessary for a corruption-free and equitable distribution of rations to the most vulnerable sections of society.
The LG's note to the Chief Minister criticised the unexplained delays in framing the rules, and an instance of a file being returned after a year without any justification. Over the past five years, the proposal from the department has been returned on at least nine occasions for various reasons.
The Centre had recently issued a warning to the Delhi Government, stating that if the rules are not framed by June 30, 2023, the central assistance for intra-state transportation expenses and FPS dealers' margin will be withheld. In response to this ultimatum, the Kejriwal Government has submitted the relevant file to the LG on June 6, seeking approval for the notification of the rules. Subsequently, the LG granted approval for publishing the draft rules, inviting public suggestions and comments.
These pending rules encompass various provisions, including the identification of false beneficiaries, ensuring the timely provision of high-quality rations to eligible individuals, empowering vigilance committees in the social audit process, conducting verification drives, implementing CCTV camera surveillance, SMS-based monitoring, mandatory electronic weighing, maintaining proper stock levels at FPS, and providing relevant information to citizens.
“It is noted that on one occasion, the file was returned by the Minister after passage of one year without any explanation for the delay whatsoever. During the past five years itself, beginning June, 2019, the Minister has returned the proposal of the Department at least on nine occasions for one reason or the other,” the LG wrote. In a letter dated June 1, 2023, the Secretary of the Department of Food & Public Distribution, Ministry of Consumer Affairs wrote to the Chief Secretary of Delhi, highlighting the failure to notify the rules under sub-section 2 of Section 40 of the NFSA.
The Ministry conveyed its decision to withhold central assistance if the rules are not framed and notified by June 30, 2023. Additionally, the Parliamentary Committee on Subordinate Legislation (CoSL), comprising members from political parties, including the Opposition, has granted an extension until the same deadline for the notification of rules, expressing concern over the delay.
Reacting to the development, the AAP Government sources said, “Rather than issuing daily press releases against the elected Government and creating hurdles for the Government, it would have been better if the LG concentrated on law and order situation, which is his primary job”.