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| Chakra gives us Federalism |
Corona virus has already infected Indian
constitution more than its human population. Federal character of Indian state
has caught the most severe infection of COVID-19. Despite all the safety pins
provided in Section 6 of the Disaster Management Act, 2005 in the form of words
used only ‘policies’ ‘plans’ and ‘guidelines’ to be made by the Central government,
an ‘authoritative mandatory order’ was passed by Union Home Secretary on
24/03/2020 which was televised by prime executive on national television.
Of course we are so scared of the virus today that we cannot even talk of
the legality of the orders. However it is also certain that world is not coming to an end tomorrow and
the future law students may like to discuss how to deal with the disasters in
future in more legal way.
Public Order, Police, Public health,
Sanitation and Hospitals all are state subjects in the List II of Seventh
Schedule of the Constitution of India and that is the sole reason that Section
24 (a), (b) and (e) of the Disaster Management Act empowered only State
Executive Committee to control and restrict, vehicular traffic and entry and
movement of any person in the affected area. Only states are empowered to
direct district authorities to take necessary steps for disaster management. Disaster management was visualized as a ‘field
to headquarter response’ rather than vice versa. May be for this reason of
vast land and population management a cooperative federalism was chosen by the
constitution framers for us.
Recently central executive realized importance
of the State government’s cooperation and sought suggestions for phase wise end
of lockdown after 14th April (who knows such exercise if done on 24th
itself, may have ‘suggested’ degree wise lockdown or informed lockdown or structured
lockdown or region-wise lockdown or border-wise lockdown. After all how hard it
was to have an emergency federal meeting on video conferencing!). Anyway, having national lockdown appears a
better choice than doing no lockdown at all, only problem is that unlike
medical or military, law is not the area where end justifies the means. Such
suggestion taking exercise is also an
indication that without willful cooperation by state governments, reopening will
be much tougher than closing the nation.
It is still in the realm of speculation
that how much this virus will allow us to go back to work after 14th.
However it is a choice between life and livelihood.
May God be kind to us because none of the “hitherto self-aggrandized Earthly powers”
seems to be of any help.
Kartikey
2 comments:
Great
Rightly said. Looking into the situation, Lockdown was only solution. But we should consider every aspect of the life before taking any decisions.Hope Government should consider every aspect of the society.
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