Hon'ble Judges/Coram:
Attau Rahman Masoodi

DECISION

Attau Rahman Masoodi, J.

1. Let no one die of hunger is a fundamental duty postulated under Article 47 of the Constitution of India that must be read as a part of the right to life under Article 21 for it is the right to food without which the dignified existence of human beings is inconceivable. In other words, right to food is inherent in Article 21 of the Constitution of India obliging the State to ensure the execution of its duties in the true spirit of Article 47 read with Article 39-A of the Constitution of India. The discharge of this obligation fundamentally requires the government to have a Public Distribution System to reach out to the underprivileged citizens in order to satiate the basic ingredient of dignified life i.e. right to food. In the State of Uttar Pradesh, the targeted population for the supply of food grains under the Food Security Act, 2013 i.e. Patra Grahasthi and Antyodaya Ann Yojna is aimed at 15.21 crores out of which 14.69 crores are identified through bio-metric system according to the online report dated 11.2.2021 and this is what the statement on behalf of the State Government reads in para-6 of the counter affidavit filed in Writ Petition No. 16086 (MS) of 2021. For a population of this dimension residing in rural areas, the State Government is obliged to evolve a foolproof mechanism ensuring distribution of food grains as per the policy of the State trammeled in law.

2. Public Distribution System is incorporated under Entry-28 Schedule-XI of the Constitution of India, which by virtue of Article 243G, mandates as under:

"243G. Powers, authority and responsibilities of Panchayats-Subject to the provisions of this Constitution the Legislature of a State may, by law, endow the Panchayats with such powers and authority and may be necessary to enable them to function as institutions of self government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats, at the appropriate level, subject to such conditions as may be specified therein, with respect to-

(a) the preparation of plans for economic development and social justice;

(b) the implementation of schemes for economic development and social justice as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule"

3. In the pursuit of objects under Article