Supreme Court directs States to expedite ration card issuance for eShram registered migrants (20 April 2023)

Date of the Judgment: 20 April 2023
Citation: M.A. NO. 94 OF 2022 IN SMW(C) NO. 6 OF 2020
Judges: M.R. Shah, J. and Ahsanuddin Amanullah, J.

Can migrant workers, registered on the eShram portal, be deprived of benefits under the National Food Security Act due to lack of ration cards? The Supreme Court of India addressed this critical question, emphasizing the duty of welfare states to ensure that all eligible citizens receive the benefits they are entitled to. This order directs states and union territories to expedite the issuance of ration cards to those migrant workers registered on the eShram portal who are yet to receive them. The bench comprised Justices M.R. Shah and Ahsanuddin Amanullah.

Case Background

The Supreme Court of India was hearing a matter regarding the problems and miseries of migrant laborers. The Union of India (UOI) filed a status report detailing the progress of the eShram portal, launched on 26th August 2021, by the Ministry of Labour & Employment. The eShram portal was created to register and support unorganized/migrant workers by providing them with a Universal Account Number (UAN). The Ministry of Labour and Employment onboarded CSC-SPV as eShram registration centers, with the central government covering the registration charges of Rs. 20 per registration. As of December 2022, over Rs. 347.57 crores had been paid to CSC for registrations. The Ministry also developed a Standard Operating Procedure (SOP) to share eShram portal data with States and Union Territories (UTs) and a Data Sharing Portal (DSP) to facilitate this sharing.

The report also noted that out of 28.60 crores registered on eShram, 20.63 crores were also registered on Ration Card Data, and approximately 3.82 crores were beneficiaries under PM-Kisan Samman Nidhi. The benefit of Pradhan Mantri Shram Yogi Mann-Dhan Yojana (PM-SYM) was also extended to eligible migrants. However, it was pointed out that a significant number of eShram registrants still lacked ration cards, potentially depriving them of benefits under the National Food Security Act.

Timeline

Course of Proceedings

The Supreme Court was addressing the matter of problems and miseries of migrant laborers. The Union of India (UOI) submitted a status report on the eShram portal. The court considered the submissions of Ms. Aishwarya Bhati, learned ASG appearing on behalf of the Union of India, and Shri Prashant Bhushan, learned counsel. The court appreciated the efforts made by the UOI and the respective States/UTs in registering migrants/unorganized workers on the eShram portal. However, the court noted that many registered workers still lacked ration cards, which could deprive them of benefits under the National Food Security Act.

Legal Framework

Arguments

The arguments presented before the Supreme Court focused on the progress of the eShram portal and the challenges faced in ensuring that all registered workers receive the benefits they are entitled to, particularly ration cards.

• Submissions by the Union of India (UOI):
  • The UOI, represented by Ms. Aishwarya Bhati, learned ASG, submitted a status report detailing the progress of the eShram portal.
  • The UOI highlighted that 28.86 crores migrants have registered on the eShram portal, and the portal is meant to register and support the unorganized/migrant workers by providing them with a Universal Account Number (UAN).
  • The UOI stated that the Ministry of Labour and Employment has developed a Standard Operating Procedure (SOP) to share eShram portal data with States and Union Territories (UTs) and a Data Sharing Portal (DSP) to facilitate this sharing.
  • The UOI submitted that 24 States/UTs have onboarded Data Sharing Portal through which they can access eShram data of their State/UT.
  • The UOI also pointed out that 20.63 crores eShram registrants are also registered on Ration Card Data and approximately 3.82 crores eShram registrants are also found to be beneficiary under PM-Kisan Samman Nidhi.
  • It was submitted that each State has its own policies for issuance of the ration card and the concerned State/UT has to take further steps to issue ration cards to remaining registrants on eShram.
• Submissions by Shri Prashant Bhushan (Petitioner):
  • Shri Prashant Bhushan, learned counsel, pointed out that approximately more than 10 crores persons are deprived of the benefit of the National Food Security Act due to non-issuance of the ration cards.
  • He argued that the current implementation of the 2011 census is a major reason for the non-issuance of ration cards, as the population has increased significantly since then.

The innovativeness of the argument by Shri Prashant Bhushan lies in highlighting the discrepancy between the 2011 census and the current population, which is a major reason for the non-issuance of ration cards, thereby depriving a large section of the population from the benefits of the National Food Security Act.

Issues Framed by the Supreme Court

The Supreme Court did not explicitly frame specific issues in a numbered list. However, the core issue before the court was:

• Whether the State/UTs were taking adequate steps to ensure that migrant/unorganized workers registered on the eShram portal were issued ration cards, thereby enabling them to access benefits under the National Food Security Act.

Treatment of the Issue by the Court

Authorities

The Supreme Court did not explicitly cite any specific cases or books in this order. However, the following legal provisions were considered:

Judgment

The Court did not cite any specific authorities.

What weighed in the mind of the Court?

The Supreme Court’s decision was primarily influenced by its concern for the welfare of migrant and unorganized workers, emphasizing the State’s duty to ensure that all eligible citizens receive the benefits they are entitled to. The court’s reasoning was driven by the following points:

• The court appreciated the efforts of the Union of India and the States/UTs in registering a large number of migrant workers on the eShram portal.
• The court noted that a significant number of registered workers were still without ration cards, which could deprive them of benefits under the National Food Security Act.
• The court emphasized that being a welfare state, it is the duty of the concerned State/UT to see that the remaining registrants on eShram are issued ration cards.
• The court directed the State/UTs to expedite the issuance of ration cards and gave three months’ time to complete the exercise.

The ratio of fact to law shows that while the court considered the factual aspects of the case, such as the number of registered workers and those without ration cards, the legal principle of the State’s duty as a welfare state and the need to ensure access to benefits under the National Food Security Act weighed more heavily in its decision.

The Supreme Court’s reasoning was straightforward, focusing on the factual situation of migrant workers registered on the eShram portal but lacking ration cards, and the legal obligation of the State to ensure that these workers receive the benefits they are entitled to. The court did not engage in complex legal interpretations but rather issued a clear directive to the State/UTs to fulfill their duties.

The court considered the submissions of the Union of India and the petitioner, but the primary concern was the potential deprivation of benefits to migrant workers due to the lack of ration cards. The court did not consider any alternative interpretations, as the matter was fairly straightforward and required immediate action.

The Supreme Court’s decision was clear: the concerned State/UT must ensure that all the remaining registrants on eShram, who are still not registered on ration card data and who are not issued the ration cards, are issued ration cards. The court gave three months’ time to the concerned State/UT to undertake the exercise to issue ration cards to the left out registrants on eShram portal by giving wide publicity and the concerned State/UT to approach them through the office of the concerned Collector of the District so that more and more registrants on eShram portal are issued the ration cards and so that they may get the benefit of the benevolent schemes floated by the UOI and the State Government including the benefit under the National Food Security Act.

The court’s reasoning is underscored by the following quote:

“Therefore, being a welfare State, it is the duty of the concerned State/UT to see that the remaining registrants on eShram, who are still not registered on ration card data and who are not issued the ration cards, they are issued ration cards and the exercise for issuance of ration cards is required to be expediated.”

The court further emphasized:

“As the Union of India and the concerned State/UT now already have the data of the registrants on eShram portal and will be having the required information, the State/UT shall reach to them so that they can be issued the ration cards and that their names are registered on ration card data.”

The court concluded by stating:

“At present, we give further three months’ time to the concerned State/UT to undertake the exercise to issue ration cards to the left out registrants on eShram portal by giving wide publicity and the concerned State/UT to approach them through the office of the concerned Collector of the District so that more and more registrants on eShram portal are issued the ration cards and so that they may get the benefit of the benevolent schemes floated by the UOI and the State Government including the benefit under the National Food Security Act.”

There were no majority or minority opinions in this judgment.

Key Takeaways

• States and Union Territories are directed to expedite the issuance of ration cards to migrant workers registered on the eShram portal who have not yet received them.
• The State/UTs are required to reach out to the eShram registrants using the data available with them, so that they can be issued ration cards.
• This order ensures that migrant workers can access benefits under the National Food Security Act and other welfare schemes.
• The Supreme Court has given three months’ time to the concerned State/UT to undertake the exercise to issue ration cards to the left out registrants on eShram portal.

Directions

The Supreme Court directed the concerned State/UT to undertake the exercise to issue ration cards to the left out registrants on eShram portal by giving wide publicity and the concerned State/UT to approach them through the office of the concerned Collector of the District so that more and more registrants on eShram portal are issued the ration cards and so that they may get the benefit of the benevolent schemes floated by the UOI and the State Government including the benefit under the National Food Security Act. The Court gave three months’ time to the concerned State/UT to complete this exercise.

Specific Amendments Analysis

This section is intentionally omitted as the judgment does not discuss any specific amendments.

Development of Law

The ratio decidendi of this case is that the State has a duty to ensure that all eligible citizens, particularly migrant and unorganized workers registered on the eShram portal, receive ration cards to access benefits under the National Food Security Act. This order reinforces the State’s role as a welfare entity and its responsibility to provide for the basic needs of its citizens. This order does not change the previous position of law but reinforces the existing position of law by directing the State/UTs to fulfill their duties.

Conclusion

In conclusion, the Supreme Court’s order directs States and Union Territories to expedite the issuance of ration cards to migrant workers registered on the eShram portal. This order underscores the State’s responsibility as a welfare entity and ensures that migrant workers can access essential benefits under the National Food Security Act. The court has given three months’ time to the concerned State/UT to undertake this exercise.

Category

Parent Category: Social Welfare Legislation
Child Categories:

• Migrant Workers
• eShram Portal
• Ration Card
• National Food Security Act
• Welfare State

Parent Category: National Food Security Act
Child Categories:

• Ration Card

FAQ

Q: What is the eShram portal?
A: The eShram portal is a government initiative to register and support unorganized/migrant workers by providing them with a Universal Account Number (UAN).

Q: Why is a ration card important for migrant workers?
A: A ration card enables migrant workers and their families to access subsidized food grains and other benefits under the National Food Security Act.

Q: What did the Supreme Court direct in this order?
A: The Supreme Court directed States and Union Territories to expedite the issuance of ration cards to migrant workers registered on the eShram portal who have not yet received them.

Q: How much time has the Supreme Court given for the issuance of ration cards?
A: The Supreme Court has given three months’ time to the concerned State/UT to undertake the exercise to issue ration cards.

Q: What should I do if I am a migrant worker registered on eShram but do not have a ration card?
A: You should contact the office of the concerned Collector of your District to inquire about the process of obtaining a ration card.