Riding roughshod over State governments

Context: Top-down approach of Disaster Management (DM) Act, 2005 in tackling pandemic is counterproductive and has put the federal structure of India under strain.

Counterproductive Actions

• Zone classification (in red, green and orange): can act as unnecessary hindrance to economic revival. States argue that large cities under red zone should not be fully lockdown.

• Mistrust b/w center and States: For instance, Kerala being the front runner in containment is still not allowed to relax restrictions.

Strain on federalism due to Unconstitutional nature

• The DM Act has been enacted by Parliament in exercise of its residuary powers of legislation under Article 248 read with Entry 97 of List I.
• But ‘Public health and sanitation’ is a specific field of legislation under Entry 6 of List II. 
• Also, as per Entry 29 of List III, both Parliament and State legislatures are competent to legislate on matters involving inter-State spread of contagious or infectious diseases.
• Centre’s guidelines and directions to the States for dealing with the pandemic trench upon a field of legislation and executive action that are entitled to the States.

Way forward:

The Epidemic Disease Act 1897 provides a solution where States have the prerogative to take appropriate steps to arrest the outbreak and Centre’s role is limited to inspection and detaining travelling persons.