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Synopsis

The Supreme Court today has asked the Attorney General and Solicitor General to come back to it in two weeks with instructions on the plea moved by Karnataka seeking release of financial assistance from National Disaster Response Fund (NDRF) to the state for drought relief.

When the matter was taken up, Solicitor General Tushar Mehta told the bench Karnataka government could have talked to the Union about its issues directly.

"Instead of filing this petition, they could have directly talked to us..we know about the timing of such petitions.. Notice may not be issued, such things become news..", SG Mehta told a bench of Justices BR Gavai and Sandeep Mehta.

Notably, Karnataka government has approached the Supreme Court seeking a direction to the Union government's Ministry of Home Affairs to take a final decision and release the financial assistance from National Disaster Response Fund (NDRF) to the state for drought relief.

It also asked the court to declare that the action of the Centre in not releasing the financial assistance for drought arrangement as per the National Disaster Response Fund (NDRF) is ex facie violative of fundamental rights of the people of State of Karnataka.

The Union government has not convened the high level committee to take action on the sub committee of the national executive committee’s report on the memorandums submitted by the state government seeking financial assistance, which has impaired the fundamental right to life guaranteed under Article 21 of the Constitution to its people, it said.

The state government said this has happened despite the calamity being of a severe nature, the constitution and visit of an Inter-Ministerial Central Team (IMCT) in October for a first hand assessment of the humanitarian needs and repeated requests by it.

The state government sought Rs 18,171.44 crore under National Disaster Response Fund (NDRF), through three drought Relief Memorandum submitted in September-November 2023 ie, Rs 4663.12 crore towards crop loss input subsidy, Rs 12577.9 crore towards gratuitous relief to families whose livelihood has been seriously affected due to drought, Rs 566.78 crore for addressing shortage of drinking water relief then and Rs 363.68 crore towards cattle care. 

"Crops have failed, reduced water availability has affected domestic, agricultural, and industrial-hydel energy water supply. Agriculture is the primary source of livelihood for a large section of State," it said.

Cause Title: State of Karnataka vs. Union of India & Ors