🏛️ Institutional Framework & Legislation in Disaster Management

Disaster governance in India is anchored in law, institutions and multi-level coordination—transforming response-centric practice into risk-informed development planning. The Disaster Management Act (2005) created a layered institutional architecture that links national policy to community action, while international law and cooperation guide cross-border assistance and standards.

Disaster Management Act, 2005: Key Provisions

India’s Disaster Management Act (2005) legally establishes NDMA, NIDM, NDRF, mandates state/district plans, and makes disaster risk reduction a statutory responsibility.

The Act is the foundational statute that shifted India’s focus from ad-hoc relief to a legal, institutionalised, and preventive approach. It mandates institutions at different levels: the National Disaster Management Authority (NDMA), headed by the Prime Minister; State Disaster Management Authorities (SDMAs); District Disaster Management Authorities (DDMAs); the National Institute of Disaster Management (NIDM) for capacity building; and the National Disaster Response Fund (NDRF) to finance response.

The Act requires the preparation of national, state and district disaster management plans, and assigns clear roles to ministries and local authorities for mitigation, preparedness and response. It also empowers the central government to take special measures during disasters and prescribes penalties for non-compliance.

Why this matters: the Act institutionalised DRR (prevention, mitigation and preparedness) into mainstream governance and created funding and legal instruments for coordinated action. It also places obligations on departments and local bodies to incorporate DRR into development planning.

Example: NDMA guidelines and the statutory plan framework were instrumental during Kerala’s 2024 flood response—district plans and pre-identified shelters ensured quicker evacuations and structured relief operations under the Act’s institutional mechanisms.

Roles of NDMA, NDRF, SDRF, and Local Governments

National, centralised policy design is complemented by specialised response capacity and local operational leadership — each tier has distinct but complementary responsibilities.

NDMA issues policies, guidelines and national plans, provides technical leadership, and monitors preparedness across ministries and states. The NDRF is the central specialised response force trained for search, rescue and relief operations in major disasters, while State Disaster Response Forces (SDRFs) are the first professional responders within states. Local governments (municipalities and panchayats) have the statutory duty to prepare and implement district and local disaster plans, maintain inventories (shelters, medical stock), and lead community evacuation and relief logistics. This vertical architecture aims for a seamless flow from national policy and funding to state operational readiness and district/community action.

Operational synergy is critical: NDMA issues risk-reduction and preparedness guidelines; NDRF offers surge capacity for large scale rescue; SDRFs and local administrations sustain immediate response and community recovery.

Example: During Cyclone Biparjoy (June 2023), NDMA’s advisories, state SDRF deployments and NDRF teams combined with local administration evacuations to achieve low casualty outcomes — a clear demonstration of multi-tiered institutional roles in practice.

Panchayati Raj Institutions in Disaster Management

Gram sabhas and panchayats serve as the frontline of risk reduction, responsible for local preparedness, resource mapping, and community mobilization.

The Disaster Management Act and subsequent NDMA guidance explicitly recognise local self-governments as critical actors for effective DRR. Panchayati Raj Institutions (PRIs) are legally entrusted with preparing village and block-level disaster management plans, identifying vulnerable households, operating community shelters, and coordinating local evacuation. PRIs also integrate traditional knowledge with formal early-warning systems and manage local assets (roads, water points) for resilience. Capacity building for PRI members—training in first aid, mock drills and early warning interpretation—is a continuing priority.

PRIs’ strengths lie in local knowledge, legitimacy, and proximity to vulnerable populations. When empowered, they can ensure that high-risk households (elderly, single-parent, persons with disability) are prioritised in evacuation, that temporary shelter standards are upheld, and that post-disaster relief reaches intended beneficiaries.

Example: In flood-prone districts of Assam (2024), gram panchayats used village disaster plans to map vulnerable households, coordinate local boats for evacuation, and manage community kitchens—reducing mortality and improving shelter management during peak floods.

Coordination between Central, State & Local Authorities

Effective DRR depends on clear vertical coordination—policy and funding from the centre, operational authority and resources at the state, and last-mile action by districts and communities.

The DM Act institutionalised coordination through bodies like the National Executive Committee (NEC), SDMAs, and DDMAs. NEC (constituted under the Act) advises NDMA and includes secretaries of important ministries to ensure inter-ministerial convergence. States are required to prepare State Disaster Management Plans and set up SDMAs/SDRFs. DDMAs are focal for district contingency plans and on-ground response. Coordination mechanisms include common operating procedures, shared databases (like NDMIS), regular mock drills, mutual aid agreements, and financial flows from the National Disaster Response Fund (NDRF) to State Disaster Response Funds (SDRFs).

Challenges persist: variations in state capacity, delays in fund transfer, and overlapping jurisdiction (e.g., between municipal bodies and state departments) can impede response. Strong institutional coordination—joint exercises, shared SOPs, and real-time information sharing—helps overcome these gaps.

Example: Gujarat’s preparedness model during Cyclone Biparjoy demonstrated rapid vertical coordination: central advisories, state control rooms, district evacuation plans, and community shelters worked in concert to evacuate over 150,000 people, illustrating how central-state-local coordination reduces casualties.

International Cooperation & Legal Accountability

Cross-border assistance, international law, and global frameworks enhance national DRR posture and define legal responsibilities during international disaster response.

India aligns its national frameworks with international instruments like the Sendai Framework (2015–2030), and follows principles of International Disaster Response Law (IDRL) to facilitate and regulate foreign assistance. International cooperation takes many forms—technical exchanges, training, humanitarian assistance, and shared early-warning systems. India also participates in regional mechanisms (SAARC disaster cooperation, bilateral HADR exercises) and has published HADR (Humanitarian Assistance and Disaster Relief) guidelines to govern international operations and legal procedures. Legal accountability involves compliance with domestic statutes, international protocols, and transparency in use of international aid and deployment of resources.

A growing trend is reciprocal assistance: India not only receives but also provides disaster assistance, capacity building and search-and-rescue support to neighbouring countries—this raises legal questions about standards, coordination, and post-assistance liability, all of which are addressed through diplomatic coordination and established HADR guidelines.

Example: The NDMA’s HADR Guidelines (2024) formalised protocols for India’s international disaster response operations—covering coordination, legal clearances, and operational modalities—thereby strengthening India’s role both as recipient and provider of international aid.

Cross-cutting Issues: Finance, Information Systems & Capacity Building

Institutional law is only effective when backed by finance, information systems and trained human resources.

The DM Act established funding mechanisms (NDRF/SDRF) and emphasises financial preparedness; real-time information systems (NDM-IS) aggregate data for situational awareness; and NIDM and state training institutes build technical capacity. Investment in resilient infrastructure, retrofitting public buildings, and financing local contingency funds for panchayats are essential complements to legal frameworks. Public-private partnerships and inclusion of NGOs multiply outreach and technical depth.

Example: NDRF’s performance statistics highlight its growing operational footprint—rescue and evacuation numbers in recent years illustrate both capacity growth and the need for sustained funding and training.

Practical Strengths and Gaps in India’s Institutional Framework

Strengths: a statutory, multi-tiered architecture; clear mandates for NDMA/NDRF; emphasis on community-based planning; and integration with global frameworks. Regular drills, technology adoption (GIS, drones) and improved early warnings have reduced fatalities in many disasters.

Gaps: uneven capacity across states and districts; delays in funds reaching local bodies; lack of uniform enforcement of building codes; insufficient integration of informal settlements into urban DRR plans; and challenges in legal accountability for private actors (industry, contractors) in risk creation.

Addressing gaps demands: stronger fiscal devolution for DRR at district/panchayat level; performance-linked funding; mandatory DRR audits for large infrastructure projects; and stronger legal provisions for corporate liability in disaster risk creation.

Conclusion

The Disaster Management Act (2005) and the institutions it created (NDMA, NDRF, SDMA, SDRF, DDMA) transformed India’s disaster governance from relief-centric instincts to risk-informed, statutory responsibility. Panchayati Raj Institutions and local governments operationalise resilience on the ground, while vertical coordination between centre, state and district ensures a flow of policy, capacity and finance. International cooperation and legal frameworks (Sendai, IDRL, HADR guidelines) anchor India’s role in global disaster governance. Recent practical examples—from Cyclone Biparjoy’s evacuation success to evolving HADR protocols—show how law, institutions and community action combine to save lives and protect development.

For durable resilience, India must continue strengthening local capacities, ensure timely finance to districts and panchayats, enforce building and land-use norms, and harmonise domestic law with international standards for cross-border aid and accountability. Institutional architecture is robust on paper; the continuing task is equitable implementation, local empowerment, and iterative learning from every disaster.