Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Public interest litigation - Non-disclosure of full facts about the drought like situation or drought by the States of Bihar Gujarat and Haryana - Said issue matter of grave humanitarian distress |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Public interest litigation - Non-disclosure of full facts about the drought like situation or drought by the States of Bihar, Gujarat and Haryana - Said issue matter of grave humanitarian distress - ยท Writ petition filed seeking declaration of drought in some districts or parts thereof in nine States - Also sought direction to declare drought in most parts of the State of Bihar, Gujarat and Haryana and to provide essential relief and compensation to people affected by drought - Held: Each of the three States-Bihar, Gujarat and Haryana have their own unique method of determining whether there is a drought or not - Final decision to declare drought is of the State Government but the resources available with the Union of India can be effectively used to assist the State Governments - Union of India to maintain a delicate and fine balance between federalism and its constitutional responsibility - Strong case made out for reconsidering the declaration of a drought in Bihar and Haryana and in more parts of Gujarat - Delayed declaration of drought affects common person - Several districts in the three States facing varying degrees of drought, however, no preparatory steps taken to tackle a possible disaster - Due to ostrich-like attitude of the State Governments, this Court compelled to make comment about their concern - Issuance of certain directions - Union of India to constitute a National Disaster Response Force as also to establish a National Disaster Mitigation Fund within the stipulated period - Union of India to formulate a National Plan at the earliest and with immediate concern as also update and revise the Drought Management Manual - Government of India to insist 011 the use of modern technology to make an early determination of a drought or a drought like situation - Officials lo review the apparent drought situation with all the available data and if so advised persuade the State Government to declare a drought in whichever district, taluka, tehsil or block is necessary - State Government to keep in mind thhumanitarian factors in matters pertaining to drought and Government of India in updating and revising the Manual - Disaster Management Act, 2005 - ss. 36, 44, 47, 48, 11 - Constitution of India - Art. 32. Public interest litigation - Entertaining of PIL - Instant writ petition pertaining to declaration of drought like situation or drought by the States of Bihar, Gujarat and Haryana - Said matter is of grave humanitarian distress - Petition to be treated as one filed in public interest and not to be taken as an adversarial contest - Over the years, public interest litigation appears to be degenerating into a no-holds barred adversarial litigation, which it is not meant to be - Public interest litigation is necessary in a welfare State - Welfare State cannot function effectively if it cannot hear to the underprivileged and needy people - Public interest litigation presents the Court with an issue based problem concerning society - Solutions to the problem within the legal framework and the directions are described as judicial activism - Judicial activism. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2016 INSC 411 |
Petitioner | Swaraj Abhiyan - (i) |
Respondent | Union Of India & Ors. |
SCR | [2016] 9 S.C.R. 257 |
Judgement Date | 2016-05-11 |
Case Number | 857 |
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