A day after the protest led by Chief Minister Siddaramaiah, deputy CM DK Shivakumar, their cabinet colleagues, and Congress leaders against the meagre amount released by the Centre as drought relief, the Centre informed the Supreme Court on Monday that it had released around Rs 3,400 crore to the Karnataka government for drought management in the state.

During a hearing on a plea filed by the Karnataka government urging the Centre to release financial aid from the National Disaster Response Fund (NDRF) for drought management, a bench comprising Justices B R Gavai and Sandeep Mehta sought clarification from Attorney General R Venkataramani, representing the Centre.

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The senior legal officer confirmed that approximately Rs 3,400 crore had been disbursed. Senior advocate Kapil Sibal, advocating for Karnataka, said that while Rs 3,450 crore had been released, the state had requested assistance amounting to Rs 18,000 crore.

He explained that an inter-ministerial team had conducted an inspection and submitted a report to a sub-committee. Sibal referred to a chart attached to the state’s petition, indicating claims made in line with the Centre’s policy.

“The problem is, according to us, this particular claim has not even been addressed and this is part of the policy of the Government of India under the National Disaster Management Act,” he said. “We are grateful for the amount which has been given. There is no issue on that,” he added.

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However, Sibal noted that they hadn’t received the inter-ministerial report and requested the court to compel its submission. He assured that they would abide by whatever decision was made based on the report.

“That inter-ministerial report is not with us,” he said, adding, “So my request to your lordships is that ask them to place that report before your lordships and in accordance with that, whatever is decided, we have no problem”.

AG Venkataramani stated that the sub-committee had considered the recommendations of the inter-ministerial team. When pressed by the bench about the specifics of the recommendations, Venkataramani confirmed that the recommendations had been implemented.

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The bench requested Venkataramani to provide the recommendations of the inter-ministerial team, further posting the matter for next hearing on April 6.

What’s the plea about?

The petition seeks a declaration that the Centre’s failure to release financial assistance for drought management under the NDRF violates the fundamental rights of the state’s people guaranteed under Articles 14 and 21 of the Constitution.

It highlights the severe drought conditions in the state, affecting numerous lives. For the Kharif 2023 season, 223 out of 236 taluks are declared as drought-affected, with 196 severely affected and 27 moderately affected.The plea stated 196 taluks are categorised as severely affected and the remaining 27 as moderately affected.

“Cumulatively for 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.

The Karnataka has requested Rs 18,171.44 crore in assistance from the Centre under the NDRF. It also mentions that Karnataka has been forced to approach the apex court due to what it calls the Centre’s arbitrary actions in denying financial aid for drought management, as per the Disaster Management Act, 2005, and the updated drought management manual.

“Further, the impugned action of the Central Government is violative of 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.

The plea further argues that the Centre’s actions violate the Disaster Management Act, 2005, the drought management manual, and the guidelines for the State Disaster Response Fund and National Disaster Response Fund. According to the manual, the Centre must decide on assistance within a month of receiving the report from the inter-ministerial central team (IMCT).