ANUN DHAWAN & ORS. versus UNION OF INDIA & ORS.

Citation: [2024] 2 S.C.R. 812 · Decided: 22-02-2024 · Supreme Court of India · Bench: BELA M. TRIVEDI · Disposal: Disposed off

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Judgment (excerpt)

* Author
[2024] 2 S.C.R. 812 : 2024 INSC 136
Anun Dhawan & Ors. 
v. 
Union of India & Ors.
(Writ petition (Civil) No. 1103 of 2019)
22 February 2024
[Bela M. Trivedi* and Pankaj Mithal, JJ.]
Issue for Consideration
In the instant writ petition, Petitioners claiming to be social activists 
sought directions against the States and Union Territories to 
formulate a scheme to implement the concept of Community 
Kitchens to combat hunger, malnutrition and starvation and the 
deaths resulting therefrom. The Petitioners also sought direction 
against National Legal Services Authority to formulate a scheme 
in order to further the provisions of Art.50(1)A of the Constitution, 
as also against the Central Government to create a National Food 
Grid beyond the scope of the Public Distribution Scheme.
Headnotes
Public health – Food and nutritional security – Alternate welfare 
schemes – Scope of judicial review in examining policy matters 
–  Prayer of Petitioner to direct the States/UTs to implement 
the concept of Community Kitchens – Tenability – National 
Food Security Act, 2013 – Constitution of India –  Art. 32.
Held: There being a systematic legal framework provided under the 
National Food Security Act, 2013 (NFSA) for the implementation 
of the schemes and programmes like Targeted Public Distribution 
System, Mid-day Meal Scheme, Integrated Child Development 
Services and Maternity Cash Entitlement along with a Monitoring 
Mechanism and a Grievance Redressal Mechanism, and the 
States/UTs having also implemented various other schemes and 
programmes under the said Act, this Court does not propose to 
direct the States/UTs to implement the concept of Community 
Kitchens as prayed for by the petitioners in the instant petition 
– It is well settled that the scope of judicial review in examining 
the policy matters is very limited – The Courts do not and cannot 
examine the correctness, suitability or appropriateness of a policy, 
nor are the courts advisors to the executive on the matters of policy 
[2024] 2 S.C.R. 
813
Anun Dhawan & Ors. v. Union of India & Ors.
which the executive is entitled to formulate – The Courts cannot 
direct the States to implement a particular policy or scheme on 
the ground that a better, fairer or wiser alternative is available 
–  Legality of the policy, and not the wisdom or soundness of the 
policy, would be the subject of judicial review – When the NFSA 
with a ‘right based approach’ for providing food and nutritional 
security, is in force and when other welfare schemes under the 
said Act have also been framed and implemented by the Union 
of India and the States, to ensure access to adequate quantity of 
quality food at affordable prices to people to live a life with dignity, 
this Court does not propose to give any further direction in that 
regard. [Paras 7, 8 and 9]
Constitution of India – Arts. 21 and 47 – Right to Food – 
Discussed.
Held: Though the Constitution of India does not explicitly provide 
for Right to food, the fundamental Right to life enshrined in Art.21 
of the Constitution does include Right to live with human dignity 
and right to food and other basic necessities – Art.47 of the 
Constitution also provides that the State shall regard the raising 
of level of nutrition and the standard of living of its people and the 
improvement of public health as among its primary duties. [Para 5]
National Food Security Act, 2013 – Object and purpose of the 
Act – Discussed.
Held: Keeping in view the goal of eradicating extreme poverty 
and hunger as one of the goals of United Nations, and keeping 
in view the constitutional guarantees for ensuring food security 
of the people as also for improving the nutritional status of the 
population, especially of women and children, the Parliament has 
enacted the National Food Security Act, 2013 – The object of the 
Act is to provide for food and nutritional security in human life 
cycle approach, by ensuring access to adequate quantity of quality 
food at affordable prices to people to live a life with dignity and 
for matters connected therewith or incidental thereto – With the 
enactment of the NFSA there was a paradigm shift in the approach 
to food security from “welfare to rights based approach.” [Para 6]
Case Law Cited
Directorate of Film Festivals and Others vs. Gaurav 
Ashwin Jain and Others, [2007] 5 SCR 7 : (2007) 4 
SCC 737 – referred to.
814
[2024] 2 S.C.R.
Digital Supreme Court Reports
List of Acts
National Food Security 

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