Source: Indian Express

Introduction

Tamil Nadu and Karnataka are embroiled in a legal battle with the Centre over the release of national disaster relief funds. The states contend that the Centre's delay in disbursing funds following Cyclone Michaung and droughts violates the Disaster Management Act, 2005.

Understanding Disaster Relief Funds

• The Disaster Management Act, 2005, established the State Disaster Relief Fund (SDRF) and the National Disaster Relief Fund (NDRF) to provide assistance during calamities.
• While SDRF caters to immediate needs, NDRF supplements funds for severe disasters beyond state capacities.

Release Mechanism of NDRF Funds

• NDRF funds, totaling Rs 54,770 crores, are allocated for severe calamities like cyclones, droughts, and floods. A state facing a disaster can request additional aid if its SDRF is insufficient.
• The Ministry of Home Affairs or Agriculture assesses the situation through an Inter-Ministerial Central Team, followed by approval from a High-Level Committee (HLC).

Legal Battle of Tamil Nadu and Karnataka

• Both states argue that the Centre's inaction violates citizens' rights to equality and life with dignity under Articles 14 and 21 of the Constitution.
• Karnataka refers to the Ministry of Agriculture's manual, emphasizing the Centre's obligation to decide within a month of receiving the IMCT report.
• Karnataka in its plea challenging before SC said that, In terms of the Disaster Management Act, 2005, Union of India is under obligation to render financial assistance to the State Governments.
  • However, despite the calamity being of a severe nature, despite the constitution and visit of an Inter-Ministerial Central Team(IMCT) in October for a first-hand assessment of the humanitarian needs towards response and relief of immediate/temporary nature, damages caused and relief work carried out by the state and submission of their report for allocation of funds from NDRF, despite the submission of the sub Committee of the National Executive Committee's report for allocation of the funds under NDRF to the High Level Committee(HLC) and despite repeated requests by the State, the Union of India has not convened the HLC 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 of India to its people.
• Tamil Nadu seeks Rs 37,902 crores for Cyclone Michaung damage and Rs 2,000 crores as interim relief.
• The government is requesting financial aid amounting to Rs. 19,692.69 Crore for the losses incurred due to cyclone "Michaung" in December 2023, and Rs. 18,214.52 Crore for the damages caused by the exceptionally heavy rainfall in the southern districts of Tamil Nadu during the same period.

Pattern of Opposition States' Legal Challenges

• The legal dispute reflects a broader pattern of opposition-ruled states challenging the Centre. Kerala has raised issues of gubernatorial interference in legislation and financial constraints before the Supreme Court. Similarly, Tamil Nadu, Telangana, and Punjab have contested prolonged withholding of gubernatorial assent.

Conclusion

The legal confrontation between Tamil Nadu, Karnataka, and the Centre underscores the critical importance of timely disaster relief assistance. The states' grievances highlight systemic issues in the release mechanism of NDRF funds, calling for urgent resolution to ensure effective disaster management and uphold constitutional principles.