After Karnataka, Tamil Nadu Moves Supreme Court Seeking To Direct Union To Release Disaster Relief Funds

The Tamil Nadu government has filed an original suit before the Supreme Court against the Union Government, claiming that the Union was withholding the relief funds for natural calamities. The state's plea, filed under Article 131 of the Constitution, requests the Court to instruct the Union government to provide over Rs. 37,000 crore in aid for damages caused by recent floods and cyclone Maichung.

The State seeks financial assistance of Rs. 19,692.69 Crore for the damage caused by cyclone “Michaung” in December 2023 and  Rs. 18,214.52 Crore for the damage caused by the unprecedented extremely heavy rainfall in southern districts of Tamil Nadu in December 2023.

The State Government seeks an ex parte order for interim relief directing the Union to release a sum of Rs. 2000 crores to the State as an interim measure. The State requested that the interim release be based on the representations dated 19.12.2023 made by the Chief Minister and dated 10.01.2024 made by the Chief Secretary seeking interim assistance for carrying out relief operations and temporary restoration works.  

The lawsuit asserts that the Government of India's failure to act on the reports and decide on releasing financial aid to Tamil Nadu is clearly "illegal, arbitrary, and violates citizens' fundamental rights under Articles 14 and 21 of the Indian Constitution". Despite numerous appeals, the Government of India has not provided any funds to Tamil Nadu for relief and recovery from the twin disasters of Cyclone Michaung and the unprecedented rains and floods in southern districts, from the National Disaster Response Fund (NDRF).

The plaintiff argues that there has been an unreasonable delay by the Ministry of Home Affairs in convening a High-Level Committee meeting to approve the relief amount from the NDRF and release the funds to Tamil Nadu, hindering the state's development and causing mental distress and hardship to its affected citizens who are awaiting relief measures. The plaintiff states that although a sub-committee meeting of the National Executive Committee was held on 15.3.2024 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.

The lawsuit also mentions the 15th Finance Commission, which has allocated National Disaster Response funds for the period 2021-2022 to 2025-2026, including additional financial assistance in the event of severe disasters. The plaintiff asserts that all necessary formalities have been completed as per guidelines and the National Disaster Management Act 2005, so there is no valid reason to delay disbursing funds to Tamil Nadu.

The plaintiff argues that Tamil Nadu is being unfairly treated by the Government of India for not releasing the NDRF funds, despite assessments by experts, the Inter-Ministerial Central Teams, and the sub-committee of the National Executive Committee. This differential treatment, the plaintiff contends, amounts to class discrimination and violates the National Disaster Management Policy, financial relations, and the federal nature of tax division by favoring some states over others.

The Suit is filed through D Kumanan, TN Standing Counsel and settled by P. Wilson Senior Advocate.

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