The Supreme Court has ordered the Center to reply to the Karnataka government’s request for the Center to grant Rs 18,171 crore for the management of the drought

On Monday, the Karnataka government filed a petition asking the Supreme Court to order the Central Government to provide the state more than Rs 18,171 crore to handle the drought. The Supreme Court has ordered the Center to reply to this request.

Still, when the Solicitor General questioned the petition’s timeliness, a Bench headed by Justice BR Gavai declined to formally notify the Center.

The Solicitor General and Attorney General R Venkataramani informed the Bench that they will get directions on the matter from the Central Government.

“They would have spoken with us instead of filing 32,” The date of these petitions is known to us. The Solicitor General informed the Bench, which also comprised Justice Sandeep Mehta, that while Lordships may not provide notice, it also becomes news.

Mehta made these remarks in response to a submission made by senior counsel Kapil Sibal on behalf of the Karnataka government, stating that the Central Government was mandated by law to make a final decision regarding the state’s assistance from the National Disaster Response Fund (NDRF) no later than one month from the date the Inter-Ministerial Central Team (IMCT) was received.

But December 2023 marked the end of that time frame, Sibal said, adding that the Election Commission need to be included in these processes as well.

The Bench said, “Let there not be a contest between Union and State,” pointing out that several state administrations were now contacting the highest court.

After two weeks, the Bench scheduled a hearing on the case, citing Mehta’s statement that “it is a growing tendency which needs to be checked.”

The Kerala government had petitioned the top court last month, claiming that the state was suffering from a “severe drought” that was negatively impacting the lives of its citizens. The government wanted the transfer of Rs 18,171.44 crore from the NDRF to the state for drought management. It has implored the supreme court to order the Center to provide it with monetary support from the NDRF.

The Karnataka government said that 223 out of 236 taluks were designated drought-stricken for the Kharif 2023 season, which runs from June to September. Of them, 196 taluks were classified as badly impacted, and the remaining 27 as moderately afflicted.

“Overall for the Kharif 2023 season, crop losses in agriculture and horticulture have been documented in over 48 lakh hectares, with an approximate cultivation cost loss of Rs 35,162 crore,” the state government said in its submission.

It said that “the Union of India is under obligation to render financial assistance to the state governments in terms of the Disaster Management Act, 2005.”

The Karnataka government asked the supreme court to rule that the federal government’s refusal to release funds for drought relief under the NDRF constituted a “ex-facie violation” of the state’s citizens’ fundamental rights as stated in the Constitution’s Article 14 (right to equality) and Article 21 (right to life).

“In addition, the challenged Central Government action contravenes the statutory framework of the Disaster Management Act, 2005, the drought management handbook, and the guidelines on the establishment and management of the State Disaster Response Fund and National Disaster Response Fund,” the submission stated.

According to the drought management handbook, the Center had to decide definitively on the state’s support from the NDRF within a month of receiving the interministerial central team (IMCT).

The petition stated that “the Center 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,” in spite of 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. The sub-committee of the National Executive Committee constituted under section 9 of the Disaster Management Act, 2005, considered the said report.