It Must Be Done Amicably, We Have A Federal Structure: Supreme Court Adjourns Karnataka’s Plea Against Union Alleging Denial Of Financial Assistance For Drought Management
The Supreme Court has adjourned the writ petition filed by the State of Karnataka seeking financial assistance for drought management after Attorney General R. Venkataramani submitted that the issue would be dealt with expeditiously and there was no need for arguments in the matter.
The State of Karnataka had filed a Writ Petition seeking relief against the alleged arbitrary actions of the Central Government in denying financial assistance for drought management to the State under the Disaster Management Act, 2005 and the Manual for Drought Management updated in 2020 in terms of the directions issued by the Supreme Court in the matter of Swaraj Abhiyan Vs Union of India.
The Bench of Justice BR Gavai and Justice Sandeep Mehta said, “This all has to be done amicably you know…we are having a federal structure.”
The Attorney General submitted before the Court, “ There is no need of any arguments in the matter because the Election Commission had cleared…the Government is to deal with the question…I think it will be dealt expeditiously. Milords may keep it up next Monday…Something will happen.”
Senior Advocate Kapil Sibal appeared on behalf of the State of Karnataka.
On the last day of the hearing, Solicitor General Tushar Mehta had remarked that it has become a growing tendency of the states to approach the Supreme Court, which needs to be stopped. The Attorney General and the Solicitor General had submitted that they would seek instructions on the matter and make an appropriate statement before the Court on the next date.
The petition stated that the State of Karnataka is reeling under severe drought, affecting the lives of its citizens. Further, for the Kharif season as a whole a total of 223 out of 236 taluks are declared as drought-affected, with 196 taluks categorized as severely affected and the remaining 27 categorized as moderately affected.
Furthermore, the crops have failed, and reduced water availability has affected domestic, agricultural, and industrial water supply agriculture is a primary source of livelihood for a large section of the State, therefore, the present drought situation has damaged crops and affected livestock, leading to lower yields, reduced income for farmers, and increased food prices. The situation allegedly has a major economic impact resulting from losses in agriculture, impacting jobs, incomes, and overall economic growth of the State.
The Petitioner had sought directions to the Union Government i.e. Ministry of Home Affairs to forthwith take a final decision and release the financial assistance from the National Disaster Response Fund (NDRF) to the petitioner and to declare that the action of the Union in not releasing the financial assistance for drought arrangement as per the National Disaster Response Fund (NDRF) is exfacie violative of fundamental rights of the people of State of Karnataka guaranteed under Articles 14 and 21 of the Constitution of India.
The Karnataka Rajya Raitha Sangha and Hasirusene had also filed an application for impleadment as a party in the present matter.
The matter is now listed for a further date.
Cause Title: State of Karnataka v. Union of India and Ors (W.P.(C) 210 of 2024)
