Indian Constitution exhibits centralising 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. (UPSC IAS Mains 2020 General Studies Paper – 2)
During the Constituent Assembly debates, the prominent members of the assembly asserted a stronger Union government necessary for India’s survival and political stability, given its vast diversity. The Indian Constitution has an inherent bias for the Union government as the central government is the superior authority to the states in various ways.
Centralising Tendencies of the Constitution
- Article 1 describes India as a Union of States. That is, an indestructible Union of destructible States.
- The Union list contains more subjects than the State list and in case of a deadlock between the Union and States over subjects in the concurrent list, the Union law prevails. Further, the residual powers rest with the Union.
- Provisionslike single Constitution;single citizenship; all-India public services etc. are othersuch manifestations of centralising tendencies.
- The application of centralising provisions was recently visible as the Union implemented several Acts to fight the Coronavirus, and to reform the agriculture sector.
Disaster Management Act, 2005
- It was enacted by the Union under the residual powers. The Act proved to be instrumental in combat against the COVID-19 though ‘Public health and sanitation’ is a subject under Entry 6 of State list.
- Under the Act, irrespective of any law in force, the Center can issue any directions to any authority anywhere in India to facilitate or assist in disaster management.
Epidemic Diseases Act, 1897
- The Act was formulated pre-independence mainly to control plague in the late 1800s.
- Under this Act, State governments have the prerogative to take appropriate measures for arresting the outbreak or spread of a contagious disease.
- During the outbreak of COVID-19, the Union Health Ministry had advised all the states/UTsto invoke provisions of Section 2 of the Act so that all advisories being issued from time to time are enforceable.
- The Act empowers the Central government to take measures for inspecting and detaining persons travelling out of or into the country during the epidemic.
The Three Farm Acts
- The Central government recently introduced major agricultural market reforms through three Acts: The Essential Commodities (Amendment) Act, 2020, The Farming Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, and The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020.
- These have been enacted under Entry 33 of Concurrent List which deals with trade and commerce, and production and supply of foodstuffs – an issue that holds enormous importance for enhancement of farm income.
- However, these three inter-linked Acts constitute the concerted entry of the Centre into the sphere of agriculture, which was designated a State subject in the Constitution.
Thus, a strong Union seems essential for coordinating vital matters of common concern and ensuring peace. Moreover, though there are some centralising tendencies, there also exists some highly federal features like dual polity and bicameral structure of the parliament.
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