AIR 2016 SUPREME COURT 2929 ::2016 (4) ADR 709 ::(2016) 3 RecCivR 444 ::(2016) 5 Scale 85 ::AIR 2016 SC (Civil) 2341 ::(2017) 123 All LR 6 ::(2016) 4 Bom CR 728 ::(2016) 2 KCCR 203 ::(2017) 174 AllIndCas 11 (SC)

Supreme Court Of India

Hon'ble Judge(s): Madan B. Lokur, N. V. Ramana , JJ

(A) Constitution of India , Art.32, Art.21— Judicial powers - Exercise of - Declaration of drought in State - No judicially acceptable standards can be laid down for declaring or not declaring a drought - However because of that judiciary cannot give a totally hands-off response - Judiciary can and must, in view of Art. 21, consider issuing appropriate directions, should a State Government or Union of India fail to respond to a developing crisis or a crisis in the making - But there is a Lakshman rekha that must be drawn. (Para 56) (B) Constitution of India , Art.21— Manual for Drought Management by Govt. of India - Declaration of drought in State - Adoption of annewari system - Some standardization on, by Govt. of India, necessary in this regard. (Para 83) (C) Constitution of India , Art.21 Preamble— Disaster Management Act (53 of 2005) , S.11, S.44— Declaration of drought in State - Final decision is of State Govt. - But resources available with Union of India can be effectively used to assist State Government to arrive at correct decision in interest of affected people of State - Union of India cannot wash its hands off on issues pertaining to Art. 21 - It has certainly to main....