After Karnataka, now Tamil Nadu goes to Supreme Court against Centre over disaster relief

Tamil Nadu requested Supreme Court to instruct Union government to provide over ₹37,000 crore in aid for damages caused by recent calamities.

BySouth First Desk

Published Apr 03, 2024 | 12:22 PMUpdatedApr 03, 2024 | 3:57 PM

Representational image.

Tamil Nadu follows Karnataka in filing an original suit before the Supreme Court against the Union government on Tuesday, 3 April. Tamil Nadu has accused the Union government of withholding disaster relief funds for the State’s losses due to natural calamities.

The state requested the Court to instruct the Union government to provide over ₹37,000 crore in aid for damages caused by recent floods and cyclone Maichung.

This is the break-up: Financial assistance of ₹19,692.69 crore for damage caused by cyclone “Michaung” in December 2023 and ₹18,214.52 crore for property loss caused by unprecedented extremely heavy rains in southern districts of Tamil Nadu in the same month, Live Law said.

Seeking an ex parte order for interim relief, the state government wanted the court to direct the Union to release a sum of ₹2,000 crore as an interim measure.

The request is based on Tamil Nadu’s representations by the Chief Minister and the Chief Secretary in December 2023 and January 2024.

It asserted that the Union government’s “failure” to act on the state’s reports and decide on releasing financial aid is “illegal, arbitrary, and violates citizens’ fundamental rights under Articles 14 and 21 of the Indian Constitution”.

The state argued that the Ministry of Home Affairs has been unreasonable in convening a High-Level Committee meeting to approve the relief amount from the NDRF and release the funds to Tamil Nadu.

This delay is hindering the state’s development and causing “mental distress and hardship to its affected citizens who are awaiting relief measures.”

Tamil Nadu said that although a sub-committee meeting of the National Executive Committee was held on 15 March 2024 to discuss the reports of the Inter-Ministerial Central Teams, the High-Level Committee with key members such as the Home Minister, Agriculture Minister, Finance Minister, and Vice Chairman of NITI Aayog, has yet to convene and decide on the matter.

Also Read: Writ for NDRF funds

Karnataka plea

Recently, the State of Karnataka filed a writ petition against the Union Government seeking to release drought relief funds to the tune of ₹18,171.44 crore.

It also asked the court to declare that the Union government’s action of not releasing the financial assistance for drought arrangements as per the National Disaster Response Fund (NDRF) is ex-facie violative of the fundamental rights of the people of the State of Karnataka.

It said the Union government had not convened the high-level committee to take action on the subcommittee 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.

The state government said Karnataka is reeling under severe drought, affecting the lives of its people.

“For the Kharif 2023 season (the season starts in June and ends in September), a total of 223 out of 236 taluks are declared as drought-affected, with 196 taluks categorised as severely affected and the remaining 27 categorised as moderately affected,” it said.

“Cumulatively, for the Kharif 2023 season, more than 48 lakh hectares reported agriculture and horticulture crop losses, with an estimated loss (cost of cultivation) of ₹35,162 crore,” it said.

Also Read: Amit Shah on central funds

War of words over delay

Union Home Minister Amit Shah recently visited Karnataka and expressed concern about the state’s drought but accused the Congress government of postponing the process of sending a memorandum requesting drought aid to the Union government by three months.

Given that polls prompted the implementation of the model code of conduct, he stated that the Election Commission is currently considering the drought assistance issue.

However, he claimed that the Congress government is politicizing the topic of drought help.

In contrast, Chief Minister Siddaramaiah asserted in Mysuru that Shah had no moral right to ask Karnataka voters for their support.

He also charged the BJP-led Union government of unfairly betraying and treating the state’s citizens, specifically regarding the delay in releasing funds.

(Edited by VVP Sharma)