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| FSA to be implemented in an amended form in J&K | | | If the state of Jammu and Kashmir had not
implemented the central law of National
Food Security Act, under which poor people received food at subsidized rate, it was because of constitutional limitations. The state constitution and under Article 370,that grants special status to Jammu and Kashmir within the union of India, the approval of the state legislature was needed before the central Act could have been extended to the state. The state Government would have not acted on the issue of implementing the central Act had not the Union Ministry of Consumer Affairs and Public Distribution suggested to the state Government to stop supplying subsidized ration to several lakh people. The union Ministry had found that several lakh people, who did not fall in the category of below poverty line and were affluent, received ration at subsidized rates. In fact the note from the Union Ministry for Consumer Affairs had motivated the coalition Government to initiate measures for securing approval from the state legislature for the extension of the central Act. Reports do indicate that the state Government is keen to make certain amendments to the central Act before it was tabled in the state legislature
The state government has decided to bring a bill before the winter session of state legislature to implement National Food Safety Act (NFSA) that leaves out a large population from getting subsidized ration. The bill is being brought in view of the special constitutional position enjoyed by Jammu and Kashmir under Article 370 which makes it mandatory to get the nod of the State Legislature before implementation of any central law. Minister for Consumer Affairs and Public Distribution (CAPD), Choudhary Zulfikar Ali, has said the cabinet sub-committee (CSC) which was constituted to look into the implementation of the NFSA in the state has finalized its recommendations.
He said the recommendations will be discussed in the cabinet meeting before the government will move a bill in the upcoming session of state legislature to implement the Act. Zulfikar said the previous NC-Congress government has recommended to the central government that the NFSA should be implemented in the state. There are concerns within the government that a large number of families will be left out after the implementation of the NFSA in the state.
The Union Ministry of Consumer Affairs and Public Distribution had asked the state government to stop the supply of subsidized ration to over 40 lakh people taking an exception that "even well-off families are getting the subsidy". In a letter written by a senior official in the Union Consumer Affairs Ministry, the central government took a strong note that Jammu and Kashmir was among the only few states in India where the NFSA has not been implemented. The NFSA limits the subsidy to the economically lower sections of population. The central government has informed the state that while rice and wheat will be provided to 74 lakh people at the rate of Rs 3 and Rs 2 per kg, over 40 lakh people have to be excluded from getting the subsidized ration. Out of 74 lakh, a large number of beneficiaries are from rural areas. Indications are that the Cabinet Sub-committee may recommend some amendments to the central Act so that less than 40 lakh people were to be delinked from the FSA. Another reports says that the central Government will maintain uniform subsidy ratio even if Jammu and Kashmir amends the central Act. In case the State of Jammu and Kashmir did not follow the central Government's norm and included several lakh people, who are not in the category of poor, in the FSA the state will have to bear the expenditure and for the implementation of the NFA the centre had conveyed to Jammu and Kashmir Government that it will bear the expenses. After the bulk of rice and wheat atta are imported by the state from the central pool. And if the state Government implements the NFSA it would be another instance of causing erosion in the state's autonomy. This means if any central law is suited to the interests of the people of Jammu and Kashmir the state Government does not have any hesitation in securing approval from the state legislature This way several hundred central laws were extended to Jammu and Kashmir during the last 60 years. |
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