Tamil Nadu Approaches Supreme Court Over Flood Relief, Sparks Centre vs States Row

Why in recent news?

Tamil Nadu has filed a suit at the Supreme Court claiming that the Centre is withholding national disaster relief funds, after Cyclone Michaung and consequent floods rocked the state in Dec-2023.

Just last month the Karnataka Government had also filed a plea with the apex court, claiming that the Centre is denying disaster relief funds that are necessary to aid drought-affected areas in the state.

Funds for disaster relief are available to states from two sources - the State Disaster Relief Fund (SDRF) and the National Disaster Relief Fund (NDRF).

These funds were created with the enactment of the Disaster Management Act 2005 (DMA), following the devastating tsunami of Dec-2004.

Currently, both Karnataka and Tamil Nadu arre seeking additional funds from the National Disaster Relief Fund (NDRF), and are arguing that the Centre's inaction violates the Disaster Management Act 2005 (DMA) and guidelines issued under it.

How are funds released to states from National Disaster Relief Fund (NDRF)?

As per Jan-2022 Operational Guidelines for Constitution and Administration of the National Disaster Relief Fund (NDRF) guidelines Rs.54770 crores has been earmarked for the National Disaster Relief Fund (NDRF), fron the fiscal year 2021-22 until 2025-26.

National Disaster Relief Fund (NDRF) covers calamities such as cyclones, droughts and floods that are considered to be of severe nature by the Government of India and which require additional funding beyond what is available in the State Disaster Relief Fund (SDRF).

A State that does not have adequate funds in the State Disaster Relief Fund (SDRF) and has faced a national calamity beyond the coping capacity of the State Government can submit a request for funds from National Disaster Relief Fund (NDRF)

Depending on the nature of the calamity, either the Ministry of Home Affairs (MHA) or the Ministry of Agriculture will decide if there is a case for additional assistance from the National Disaster Relief Fund (NDRF).

National Disaster Relief Fund (NDRF) guidelines provide a step-by-step process for this assessment.

First, the MHA will immediately constitute an Inter Ministerial Central Team (IMCT) to visit the areas affected by the calamity, and determine if there is a need for additional funds.

Then the IMCT will submit its recommendation to a sub-committee of the NAtional Executive Committee (comprising the secretaries of relevant central ministries) which will decide how much funding can be made available.

Finally, a highh level committee chaired by the Home Minister, and comprising the Ministers for Agriculture and Finance, as well as the NITI Aayog vice-chairman will sign off on the release of National Disaster Relief Fund (NDRF) funds.

But why the matter has reacheed the Supreme Court?

Tamil Nadu has asked the apex court to direct the Centre to pay Rs.37,902 crores in aid for the damage caused by Cyclone Michuang.

It is also seeking Rs.2,000 crore as an interim measure for relief operations.

The State Government claims that deposite completing all the necessary steps on its part, and both the Inter Ministrial Central Team (IMCT), and the sub-committee off the National Executive Committee having submitted their recommendations to the high level committee, The MHA is still to convene meeting and release the funds.

Claiming unfair treatment in comparison to other states, Tamil Nadu is arguing that the Centre has violated the citizens rights to equality, and life with dignity (Articles 14 and 21 of the constitution).

Notably, Tamil Nadu's suit was filed shortly after Karnataka's filed its own petition on Mar-23-2024, seeking the release of Rs.18,171 crores in funds from the National Disaster Relief Fund (NDRF).

The state claims that 196 of the 236 taluks in the state have been classified as severely drought affected in 2023, with another 27 classified as moderately drought affected.

Karnataka too claims that the Inter Ministrial Central Team (IMCT) conducted a comprehensive assessment of the drought situation in the state in Oct-2023.

And that the sub-committee of the National Executive Committee had recommended financial assistance for the state to the MHA in Nov-2023.

Other matters between the Centre and the State.

This is just the latest tussle between the Centre and opposition ruled states.

The Kerala Government approached the Supreme Court in Mar-2024 claiming that President Droupadi Murmu refused to give assent to four bills while disclosing no reason whatsoever.

This was after Governor Arif Mohammed Khan had withheld assent on seven bills passed by the stste legislature - some pending for as long as two years - before referring them to the President instead of giving assent, or requesting reconsideration.

Other opposition ruled states, including Tamil Nadu, Telangana, and Punjab have also approached the court in the last year claiming Governors have been withholding assent to bills indefinitely.

In a separate budgetary matter, Kerala has also approached the Supreme Court claiming that the Centre has slashed the states borrowing power in the midst of a financial crisis.