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2016 Supreme(SC) 378

MADAN B.LOKUR, N.V.RAMANA
Swaraj Abhiyan - (IV) – Appellant
Versus
Union of India – Respondent


JUDGMENT

Madan B. Lokur, J.

1. In three earlier decisions concerning the prevailing drought or drought-like situation, we had stressed the obligation of the Government of India complying with all the provisions of the laws enacted by Parliament, namely, the Disaster Management Act, 2005, the National Food Security Act, 2013 and the Mahatma Gandhi National Rural Employment Guarantee Act, 2005. This will, of necessity, require establishing and constituting bodies and authorities provided for by law and making available the necessary finances for implementing and abiding by the law. The State cannot say that it is not bound to follow the law and cannot adhere to statutory provisions enacted by Parliament and create a smokescreen of a lack of finances or some other cover-up. The rule of law binds everyone, including the State.

2. In this decision, we concern ourselves with the remaining substantive issues raised by the petitioner Swaraj Abhiyan.

Relief for Crop Loss

3. The grievance of Swaraj Abhiyan is that the ‘Crop Input Advance’ or the ‘Agricultural Input Subsidy’ offered by the Government of India is far too low and in the event of a drought, the monetary relief (compensation or ex









































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