Got Election Commission's Clearance To Deal With Karnataka's Plea For Drought Relief Funds : Centre Tells Supreme Court

In the case filed by the Karnataka government against the Union of India for drought relief funds, the Supreme Court today was informed by Attorney General R Venkataramani that the Election Commission has given clearance to the Centre to deal with the issue.

The matter was before a Bench of Justices BR Gavai and Sandeep Mehta, which on last date gave time to the AG and Solicitor General Tushar Mehta to obtain instructions.

At the outset, the AG informed the court that there was no longer a need for argument as pursuant to the last hearing, the Union government solicited the EC's clearance for dealing with the matter and had been granted the clearance. He submitted that the needful will be done expeditiously, urging the court to list the matter around next Monday, by which time "something will happen".

"I think there's no need for any argument in this matter...the Election Commission had cleared the government to deal with this question. I think it'll be done expeditiously. My Lords may keep it anytime next Monday or so...something will happen before (then)," AG submitted.

Sr Adv Kapil Sibal, appearing for Karnataka, raised no issue in light of the confidence shown by the AG. Accordingly, the hearing was adjourned to next week.

Notably, after hearing the parties, Justice Gavai could be heard remarking that where federal structure is being argued, things should be done amicably.

To recap, State of Karnataka filed the writ petition alleging that the Centre was denying it financial assistance for drought management under the Disaster Management Act, 2005 and the Manual for Drought Management.

Reportedly, the state government had sought Rs.18,171.44 crores under the National Disaster Response Fund (NDRF) through three Drought Relief Memorandum, but the Union refused to take a call on the same.

It is pleaded that the Union's actions violate fundamental rights of the people of Karnataka under Articles 14 and 21 of the Constitution as well as the 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 grievance is further highlighted by pointing that under law, the Central Government is required to take a final decision on the assistance to the State from the NDRF within a month of the receipt of the Inter-Ministerial Central Team (IMCT). However, that period was over in December, 2023.

For a detailed background, click here.

Case Title: State of Karnataka v. Union of India and Ors., W.P.(C) No. 210/2024