The Indian Constitution exhibits centralizing tendencies to maintain unity and integrity of the nation. Elucidate in the perspective of the Epidemic Diseases Act, 1897; The Disaster Management Act, 2005 and recently passed Farm Acts.

GS 2
Indian Polity
2020
15 Marks

Subject: Indian Polity

India's constitutional framework, while federal in nature, exhibits strong unitary features to maintain national unity and integrity. The implementation of various acts demonstrates this centralized approach in addressing national challenges.

Centralization through Epidemic Diseases Act, 1897

  • The act empowers the Central Government to take extraordinary measures during epidemics through:
    • Authority to inspect and detain individuals at state borders.
    • Power to enforce regulations across state boundaries.
    • Implementation of penalties under Section 188 of IPC for violations.
  • During COVID-19 pandemic, this act enabled unified national response through centralized decision-making.

Disaster Management Act, 2005 and Central Control

  • Establishes a hierarchical structure with the Prime Minister-headed National Disaster Management Authority (NDMA) at apex.
  • Provides central government authority to:
    • Issue binding directions to states.
    • Deploy forces and coordinate response across states.
    • Control resource allocation during disasters.

Farm Acts and Federal Tensions

  • The 2020 Farm Acts highlighted the tension between central authority and state autonomy:
    • Central government justified intervention through Entry 33 of Concurrent List (trade and commerce).
    • States opposed citing agriculture as a State List subject.
    • Acts aimed to create unified national agricultural market.
  • The controversy led to:
    • Widespread protests questioning central authority.
    • Constitutional debates on federal balance.
    • Ultimate repeal in November 2021.

Constitutional Basis for Centralization

  • Article 256: Obligates states to comply with central laws.
  • Article 257: Empowers centre to give directions to states.
  • Emergency provisions under Articles 352, 356, and 360 strengthen central control.

The constitutional framework's centralizing tendencies, while sometimes controversial, have proven crucial during national emergencies like the COVID-19 pandemic. However, the experience with Farm Laws demonstrates the need to balance national unity with federal autonomy through cooperative federalism, as envisioned by the Constitution's Article 1.

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