What Centre Told Supreme Court About Releasing Karnataka Drought Aid

The Centre today told the Supreme Court that the Election Commission has cleared it to deal with the issue raised by Karnataka about financial assistance for drought management.

A bench of Justices BR Gavai and Sandeep Mehta heard a petition filed by the Karnataka government seeking a direction to the Centre to release financial assistance from the National Disaster Response Fund (NDRF) to the state for drought management.

"The Election Commission has cleared the government to deal with this question. I think it will be done expeditiously," Attorney General R Venkataramani, appearing for the Centre, told the bench.

He told the bench that the matter could be taken up next week.

"This should all be done amicably... we have a federal structure," the bench said, adjourning the matter.

While hearing the plea on April 8, the top court observed that there should not be a "contest" between the Union and the state.

The Attorney General and Solicitor General Tushar Mehta, appearing for the Centre, told the bench they would seek instructions in the case. The petition also sought to declare the Centre's action in not releasing the financial assistance for drought arrangement as per the NDRF as "ex-facie violative" of the fundamental rights of the people guaranteed under Articles 14 and 21 of the Constitution.

It said the state is reeling under "severe drought", affecting the lives of its people and the Kharif 2023 season, which begins in June and ends in September. Of the 236 taluks, 223 have been declared as drought-affected.

The petition said 196 taluks are categorised as severely affected and the remaining 27 moderately affected.

"Cumulatively for the Kharif 2023 season, the agriculture and horticulture crop loss have been reported in more than 48 lakh hectares with the estimated loss (cost of cultivation) of Rs 35,162 crore," the plea, filed through advocate DL Chidananda, said.

It said the assistance sought from the Centre under the NDRF is Rs 18,171.44 crore.

The state is constrained to move the top court against the "arbitrary actions" of the Centre in denying the financial assistance for drought management to Karnataka under the Disaster Management Act, 2005 and the manual for drought management updated in 2020, it added.

"Further, the impugned action of the Central Government is violative of the statutory scheme of the Disaster Management Act, 2005, the manual for drought management and the guidelines on constitution and administration of the State Disaster Response Fund and National Disaster Response Fund," the plea said.

It said under the manual for drought management, the Centre is required to make a final decision on the assistance to the state from the NDRF within a month of the receipt of the inter-ministerial central team (IMCT).

"Despite the IMCT report, which visited various drought-affected districts from October 4 to 9, 2023 and made a comprehensive assessment of drought situation in the state and consideration of the said report by the sub-committee of the National Executive Committee constituted under section 9 of the Disaster Management Act, 2005, Centre has not taken a final decision on the assistance to the state from the NDRF even after a lapse of almost six months from the date of the said report," the plea said.

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