India Agro-Climatic Zone Case Study - Writ Petition - Andhra Pradesh Cloud Seeding Act - Law Assessment Answer

Assessment Task:

India Agro-Climatic Zone Case Study Law Assessment Answer

Case Study 2

India is a Constitutional Country with a Democratic and Parliamentary system of Government. Ever since it's Independence in 1950, India has taken various steps to provide impetus to its economy, infrastructure and agricultural development. The State of Andhra Pradesh is known for its achievements in Information Technology. However, agriculture in the State depending on the South-West rainfall is exposed to the recurrent drought threatening desertification. Hence, the Policymakers confronted with duality sought guidance from the Committee of Experts.

The Committee of Experts (CE) took note of the fact that State is divided into 10 agro-climatic zones and ultimate irrigation potential in the State is only about 60 lakh hectares out of the cultivable area of about 104 lakh hectares in the State. The CE also studied the cloud seeding technology prevalent in the United States of America. The CE came to the conclusion that for obtaining the optimum yield of crops like Jawar, the minimum crop water requirement cannot be less than 600 mm. Finally, the CE recommended for cloud seeding in the needy dry talukas, where monthly rainfall is less than 20% of the monthly average of the last 50 years.

Having regard to the recommendations, the Andhra Pradesh State legislature passed the Andhra Pradesh Cloud Seeding Act of 2017. Sec.3 of the said Act states as, that — "The Government shall undertake cloud seeding, from time to time during Kharif season, in the talukas falling in the agro-climatic zones of Northern dry zone, Northeastern dry zone and Central dry zone, if the monthly rainfall in these talukas is less than 20% of the monthly average of the series of 1960 to 2010".

Acting on the legislative mandate, the Government carried out extensive cloud seeding in the needy areas of the Northern dry zone and reportedly ensured timely precipitation during the month of July 20XY. Farmers in these talukas reportedly expressed happiness and celebrated the harvest. However, the talukas lying in the agro-climatic zones of the Northeastern dry zone protested against the cloud seeding as such activity amounts to tampering with biodiversity and climate modification. According to these talukas in the Northeastern thy zone, the rainfall in the months of August 20XY had been less than 30% of the average of the last 50 year ending with 2010 and such deficiency was due to the cloud seeding in the neighbouring talukas. Farmers in the Northeastern dry zone have complained their crops suffered the yield loss of about 50%. 

Being aggrieved, the talukas lying in the Northeastern dry zone formed an association called "North Eastern Dry Zone Talakas Anti Cloud Seeding Association (unregistered)" and filed a Writ Petition under Art. 32 before the Supreme Court of India inter alia, seeking a declaration that the Andhra Pradesh Cloud Seeding Act of 20XY is ultra vires of the Constitution.

The Supreme Court of India posted the Writ Petition for final hearing permitting the parties to rely upon any published literature, maps or documents during the course of oral submissions. The Court framed the following points for consideration of the case;

• Whether the Writ Petition is maintainable? 

• Whether the State legislature is competent to pass the "Andhra Pradesh Cloud Seeding Act of 20XY"?

• Whether the farmers of the talukas falling in the Northeastern dry zone have any fundamental right against tampering with biodiversity and climate modification?

• Whether the Andhra Pradesh Cloud Seeding Act of 20XY mandating cloud seeding is opposed to the rule of 'equality before the law' under Art 14 of the Constitution? 

Draft a Writ Petition seeking on above facts, and support petition with following research question?

1- Can a State legislature pass an Act which can have an inter-state effect?

2- Can Court use mandamus to command State Legislature to enact something or not to proceed with enactment?

3- On what certain grounds an enactment can be declared invalid or ultra vires by the Court? Give reasons with special reference to Article 14. 

4- Critically analyze Ratlam Municipality case in light of Molding the preview of Mandamus.

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