UPSC Previous Year Question | Mains GS2 | 2020
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. (Answer in 250 words)
Answer
Introduction
The Constitution establishes a federal system with a strong Union to preserve national unity, manage crises and maintain common standards. Recent public-health and agricultural laws illustrate this centralising tendency, though their constitutional validity depends on legislative competence and cooperative federalism.
Constitutional Basis
The Union List includes defence, inter-State trade and several matters requiring national coordination. Parliament may legislate on State subjects during emergencies, with State consent, or when implementation of international obligations requires it. Articles 249, 250, 252 and 253, along with residuary powers and the Union’s financial and administrative instruments, reinforce this design.
Epidemic Diseases Act
The Epidemic Diseases Act, 1897 empowers the Union to issue regulations for preventing dangerous epidemic diseases, while States retain substantial implementation responsibility. Its colonial and skeletal character led to uneven responses and demands for a modern, rights-sensitive public-health framework.
Disaster Management Act
The Disaster Management Act, 2005 created a national institutional architecture headed by the Union Government. During COVID-19, national lockdown directions under the Act standardised restrictions across States. However, centralised orders sometimes overlooked local conditions, fiscal constraints and the primary role of States in public health.
Farm Acts
The Farm Acts sought to create a national agricultural market and regulate inter-State trade, but agriculture and markets are principally State subjects. Their enactment without adequate consultation triggered federal and democratic objections and ultimately their repeal.
Assessment
Centralisation can ensure uniformity during epidemics and disasters, but it should be temporary, proportionate and accountable. Prior consultation, empowered States, parliamentary scrutiny, judicial review and stronger intergovernmental institutions are essential to reconcile national integrity with constitutional federalism.
Keywords
Articles 249, 250, 252, 253; Epidemic Diseases Act 1897; Disaster Management Act 2005; Farm Acts; cooperative federalism; legislative competence.
Topics: centralizing tendencies, federalism, indian polity, public health and disaster management