Bill to amend disaster management law introduced in LS; Oppn questions legislative competence

New Delhi: A bill which seeks to strengthen the working of disaster management authorities at the national and state level was introduced in the Lok Sabha on Thursday as opposition members questioned the constitutionality of the measure.

Opposing the bill at the introduction stage, Manish Tewari (Cong) said none of the entries in List 1 or List 2 of the Constitution dealing with central and state subjects deal with the issue of disaster management.

He suggested that the government should amend the concurrent list to have a proper entry to cover the issue of disaster management.

Tewari said the law's legislative power should be properly defined. He said any law based on "derived legislative power" may not stand the test of constitutionality.

He also noted that the rule making power of the Centre provided in the bill encroaches the powers of the states.

Saugata Ray (TMC) said the multiplicity of authorities will create confusion.

The bill was later introduced by a voice vote.

Minister of State or Home Nityanand Rai, who introduced the Disaster Management (Amendment) Bill, asserted that there is no interference in the rights of the states and disaster management is the first responsibility of the states.

According to the statement and objects and reasons of the bill, the main purpose of the 2005 Act which the bill seeks to amend was to put in place necessary institutional mechanisms for drawing up and monitoring the implementation of disaster management plans.

For achieving its purpose, certain authorities and committees were set up at the national level, state level and district level.

Seeking to mainstream disaster management in the development plans and learnings from past disasters, the Disaster Management Act, 2005 has been reviewed in consultation with all stakeholders, including state governments.

The government said it has now become necessary to amend certain provisions of the Act which seeks to bring more clarity and convergence in the roles of authorities and committees working in the field of disaster management.

The bill also provides statutory status to certain pre-Act organisations such as the National Crisis Management Committee and the High Level Committee.

It also aims at strengthening the efficient working of the National Disaster Management Authority and the State Disaster Management Authorities.