In the midst of legal discourse, the Centre conveyed to the Supreme Court its collaboration with the Election Commission of India (ECI) in providing support to Karnataka to mitigate the drought crisis in specific regions of the state.
Advocate General R Venkataramani, representing the Centre, presented before a bench comprising justices BR Gavai and Sandeep Mehta that no debates are necessary at present and certain progress would ensue by the following Monday. The AG emphasized that the concern raised by the state administration would be expediently addressed, and the ECI had granted permission to manage it, while requesting a postponement.
Esteemed counsel Kapil Sibal, speaking for the Karnataka government, did not contest the request for a delay. The apex court remarked that this must transpire harmoniously, given the federal framework.
The apex court deliberated on a plea by the Karnataka government seeking an instruction to the Centre to disburse Rs 35,162 crore for drought alleviation due to “serious humanitarian anguish” and the “disaster” of severe magnitude encountered by the state.
The Karnataka government’s plea stated that the Central Government’s act of withholding financial aid to the State is prima facie a breach of the fundamental rights of Karnataka’s populace, as guaranteed under Articles 14 and 21 of the Indian Constitution.
“Additionally, the contested action of the Central Government contravenes the statutory provisions of the Disaster Management Act, 2005, the Manual for Drought Management, and the Guidelines on the Constitution and Administration of the State Disaster Response Fund and National Disaster Response Fund,” the plea expressed.
The Congress administration expressed that the Ministry of Home Affairs of the Union government had yet to reach a final decision and release financial aid from the National Disaster Response Fund (NDRF) to the state for drought relief, despite six months having passed since the Inter-Ministerial Central Team (IMCT) submitted a report.
The plea argued that Karnataka is grappling with a severe drought, adversely affecting the livelihoods of its people. “For the Kharif 2023 season (which runs from June to September), a total of 223 out of 236 taluks have been declared as drought-affected, with 196 taluks classified as severely affected and the remaining 27 as moderately affected,” the plea highlighted.
The plea contended that the doctrine of parens patriae recognizes the State as the protector of its citizens, especially when citizens are unable to safeguard themselves. “Agriculture is a primary source of sustenance for a significant portion of the state’s population. The ongoing drought situation has caused crop damage and affected livestock, resulting in diminished yields, reduced farmer incomes, and increased food prices. The situation has had a significant economic impact, leading to agricultural losses, affecting jobs, incomes, and the overall economic progress of the State,” it articulated.
The state administration argued that there had been an unreasonable delay by the MHA in convening a high-level committee meeting to endorse the amount of relief from the NDRF.
The plea filed by advocate D L Chidananda asserted that the Centre’s failure to release financial aid for drought mitigation in accordance with the provisions of the National Disaster Response Fund (NDRF) is patently illegal, arbitrary, and violates the fundamental rights guaranteed to its citizens under Articles 14 and 21 of the Constitution.