LexSWARAJ ABHIYAN - (I) versus UNION OF INDIA & ORS.
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[2016] 9 S.C.R. 257 SWARAJ ABHIYAN - (I) v. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 857of2015) A MAYll,2016 B (MADAN B. LOKUR AND N.V. RAMANA, JJ.] 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 - C · 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 D 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 E 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 F 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 G 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 the H 257 258 SUPREME COURT REPORTS [2016] 9 S.C.R. A humanitarian 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 B 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 C 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 D directions are described as judicial activism - Judicial activism. E Gaurav Kumar Bansal v. Union of India (2015) 2 SCC 130 : 2014 (7) SCR 725; Sheela Barse v. Union of India (1988) 4 SCC 226 : 1988 (2) Suppl. SCR 643 - referred to. Case Law Reference 2014 (7) SCR 725 1988 (2) Suppl. SCR 643 referred to referred to Para 13 Para 14 CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No. F 857of2015. Under Article 32 of the Constitution oflndia. Prashant Bhushan, Ro hit Kr. Singh, Govind Jee, 0. Kuttan, Ad vs., for the Petitioner. G P.S. Narasimha, Tushar Mehta, ASGs, Aj it Kumar Sinha, Sr. Adv., -..: Anil Grover, Irshad Ahmad, AAGs, Mukul Singh, Irhan George, Ajay Sharma, Sridhar Potaraju, B.K. Satija, Neeraj Kumar Sharma, Guntur Prabhakar, Ms. Prerna Singh, Gopal Singh, Mani sh Kumar, A.P. Mayee, Ms. Shashi Juneja, A. Selvin Raja, Ms. Hemantika Wahi, Kabir Hathi, Ms. Puja Singh, Ms. Noopur Singhal, Manan, Dr. Monika Gusain, Tapesh H SWARAJ ABHIYAN - (I) v. UNION OF INDIA & ORS. 259 Kumar Singh, Kumar Anurag Singh, Mohd. Waquas, Shashank Singh, A V. N. Raghupathy, C. D. Singh, Ms. Sylona Mohapatra, Udit Arora,
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