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Madras High Court on Fuel Subsidy: Court cannot command State on subject of Public Policy

Ambika bhardwaj

Published On: February 15, 2022 at 18:18 IST

On 14th February, 2022 the Madras High Court in the Case of Ayyaa vs Union of India &Ors. rejected a Public Interest Litigation (PIL) requesting for subsidy in petrol, diesel and kerosene prices for farmers who are engaged in mechanized farming.

The PIL, filed by one Ayyaa, requested that the State Respondents should make sure that sufficient food security is available to the rural population in the state of Tamil Nadu through subsidies on diesel, petrol and kerosene for farmers involved in mechanized farming.

Ayyaa pleaded for a decrease in the cost of diesel, petrol and kerosene which is used to fuel the machinery and vehicles that are used in agriculture. 

However, Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy rejected the Plea, stating that the subject is of Public Policy and that the Court cannot command the State to come to a decision on Public Policy.

The following was stated by the Court:

“The prayer made in this Writ Petition is not subject to Judicial Scrutiny because the aforementioned prayer falls under the purview of the Government’s Policy decision and thus a direction in the nature sought by the Petitioner cannot be given. It is up to the Government to develop a Policy for granting subsidies for diesel, petrol and kerosene.”