Lawstreet Journal

PIL Seeking Directions to the State to fix MSP for Agricultural Crop Disposed of by Patna High Court [READ PETITION]

Lawstreet Journal 23 Oct 2020 1:34am

Image courtesy: Lawstreet Journal Judiciary PIL Seeking Directions to the State to fix MSP for Agricultural Crop Disposed of by Patna High Court [READ PETITION]

A PIL was filed in Patna High Court seeking to issue a mandamus directing the State to fix a Minimum Support Price (MSP) for an agricultural crop. The petitioner desired that the State fixes a Minimum Support Price for procuring the agricultural crop, i.e. maize, which is lying in abundance in the State of Bihar.

This petition was opposed by respondents no.2 (The Department of Food and Civil Supply) on the ground that procurement of a particular crop is a policy matter and since the godowns of the Food Corporation of India are likely to be filled up with another category of food-grains to be procured, any decision for fixing the Minimum Support Price would be contrary to the public interest and against the policy.

On 19th October,2020 Monday, while hearing the matter the court said that “Pricing and procurement of food-grains for the public distribution system, as also fixing Minimum Support Price is a policy decision which cannot be interfered with by the Court unless of course, such policy is arbitrary, capricious, whimsical or violative of Article 14/21 of the Constitution of India.”

The court added that the principles governing the scope of judicial review in the matter of price fixation are now well settled as follows:

  1. It is open to the Government to fix such price as it thinks appropriate having regard to the public interest.
  2. Judicial Scrutiny is far less in cases where price fixation has its origins in non-statutory materials.
  3. Principles of natural justice would not be applicable and judicial review would… Continue Reading...

    Tagged: Patna High Court  
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