Kerala High Court Today (June 13) strongly told the Central Government to make a proper disaster plan for Indian roads and explain its position on waiving loans of people hit by the Wayanad landslides. The Court also criticized the Centre for saying it lacks power to do so.
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KOCHI: The Kerala High Court clearly told the Central Government that a proper disaster management plan is needed for all Indian roads, especially National Highways.
This direction was given by a Division Bench of Justices AK Jayasankaran Nambiar and PM Manoj.
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The Court noted that natural disasters are happening more often across the country and that India must be prepared for them in a better way.
“There is a requirement for a nationwide disaster plan for Indian roads. We are seeing an increase in natural disasters all over the country. It will be in the national interest to have a plan”
-Justice Nambiar said in Court.
The Judges asked the Centre to quickly take steps to create a full plan for managing road disasters. They said it should include roads managed by the National Highways Authority of India (NHAI).
“We are of the view that the Union Government must also address the issue of framing a comprehensive disaster management plan for NHAI so that there is disaster preparedness that would operate across the country. We therefore direct the Union government to mention the steps taken in this regard while filing their affidavit on loan waivers,”
-the Court said in its official order.
Along with this, the Court also criticized the Central Government for saying it cannot tell banks to cancel loans of people affected by the Wayanad landslides that took place in July 2024. The Centre had claimed that an amendment made in 2025 to the Disaster Management Act removed the power to give such directions.
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But the Kerala High Court strongly disagreed. It reminded the government that it still has the power to take such actions under Article 73 of the Indian Constitution. Justice Nambiar did not agree with the statement made by a junior officer from the National Disaster Management Authority (NDMA), who had filed the reply on behalf of the Centre.
“The undersecretary (of the National Disaster Management Authority, who signed the Centre’s counter affidavit) has said that the Centre has no power to order loan waivers. Do not tell us that the Centre is powerless. One can understand having a reluctance to do it. But at least have the courage to say that you won’t do it. The Under Secretary can say this, but the Union Government cannot say they don’t have the power. It has the power under Article 73. Please don’t tell us that the Union Government is powerless, in a country which is a quasi-federal set up, where the residual power is with the Union. Do not hide behind the legal provision to say that we do not have the power,”
-Justice Nambiar said strongly in the courtroom.
“We should not be understanding the law and jurisprudence based on what an Under Secretary (of National Disaster Management Authority) sitting in Delhi is saying,”
-he further added.
The Court was hearing a case it had started on its own to keep track of the relief and help being given to those hit by the Wayanad landslides. These landslides in July 2024 caused large-scale loss of life and destruction of property.
Earlier, the Court had already asked the Centre to think about cancelling the loans taken by people affected by the landslides. But the NDMA had filed a reply this week, saying that because Section 13 of the Disaster Management Act was removed through a recent amendment, it no longer had the legal power to ask banks to write off loans.
Even then, the Court was not convinced. It reminded the Centre again that the Constitution gives it power, and it should not try to avoid responsibility by just talking about legal technicalities.
Additional Solicitor General of India ARL Sundaresan, who was speaking for the Central Government, accepted that the Centre does have powers under Article 73. However, he said that whether to use those powers or not is a matter of government policy.
The Bench then gave the Centre time to submit a written reply clearly stating its official stand. The Court will now hear the matter again after three weeks.
CASE TITLE:
In Re: Prevention and Management of Natural Disasters in Kerala
Understanding Article 73 of the Indian Constitution
Article 73 explains how far the Union Government’s executive power can reach. It says the Union can act on matters where Parliament has the right to make laws, and also in situations involving international treaties or agreements. However, if the state government also has power over a matter, then the Union cannot interfere unless the Constitution or Parliament gives it special permission.
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Key Points of Article 73
- Union’s Executive Power: Defined and limited to maintain balance between the Centre and States.
- Parliament’s Lawmaking Authority: The Centre’s executive actions must be based on law passed by Parliament.
- Treaty and Agreement Powers: The Union can act on international matters.
- State Legislature’s Authority: The Union cannot overstep in state matters unless the Constitution allows it.
- Proviso and Exceptions: Union’s power within a state is restricted unless otherwise allowed.
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