An affidavit is a written statement or declaration sworn and subscribed to before an authorized individual by the government to administer the oath. It is a type of verified statement (as it is under oath and penalty of perjury) serves as evidence to its veracity critical for court proceedings. The Indian Oaths Act of 1873 governs the law relating to affidavits in India.

There are two kinds of affidavits that can be found in this section: the Petitioner Affidavits and the State or Government of India Affidavits.

The Petitioner Affidavits, on the one hand, are filed by the People’s Union of Civil Liberties (PUCL), a group of activists who submit a writ petition to the Supreme Court seeking the full enforcement of the right to food. These affidavits, which basically provide accounts of food situation on the ground, are used as evidence in the litigation of the Right to Food Case and been the bases of the issuance of interim orders of the High Courts or the Supreme Courts.

The State or Government of India Affidavits, on the other hand, are sworn statements filed by a particular state government and or a concerned ministry of the Government of India, mainly, probing the allegation of a violation of the right to food presented in the affidavit of the Petitioner. The Government of India, the Food Corporation of India (FCI), and six States Governments, initially are the Respondents to the Case but due to the extent of issues relevant to right to food, all other States Governments have been implicated to the Case.

affidavits