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250 Words15 Marks
Q.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 Mains 2020•Polity
Model Answer
View this Question In PYQ RealmSyllabus Point
- Indian Constitution — Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.
Approach
- Introduction (30-40 words): Briefly discuss the centralization vs. federalism debate in the context of the Indian Constitution. Introduce the three laws mentioned.
- Body (80-90 words): Analyze the centralizing nature of the Epidemic Diseases Act, Disaster Management Act, and Farm Laws.
- Conclusion (20 words): Summarize the centralizing nature of these laws and reflect on the constitutional balance.
Model Answer
Introduction
K.C. Wheare described the Indian Constitution as "quasi-federal," establishing a unitary state with subsidiary federal features. To preserve national unity and integrity, the Constitution incorporates several centralizing provisions, tilting the balance of power toward the Union.
graph TD CT["Centralizing Tendencies in Indian Constitution"] --> UL["Union List Dominance"] CT --> AIS["All India Services"] CT --> SC["Single Constitution"] CT --> EP["Emergency Provisions"]
Body Analysis
Centralising Tendencies of the Constitution
- Article 1: Defines India as a "Union of States," implying an indestructible union of destructible states.
- Legislative Dominance: The Union List contains more subjects than the State List. In case of conflict over the Concurrent List, Union laws prevail, and residuary powers rest solely with the Centre.
- Structural Unity: Features like a single Constitution, single citizenship, and All-India Services reinforce central authority.
Disaster Management Act, 2005
- Enacted under the Centre's residuary powers, this Act became the primary tool for managing the COVID-19 pandemic.
- Despite 'Public Health and Sanitation' being a State subject (Entry 6, State List), the Act empowers the Centre to issue binding directions to any authority across India to facilitate disaster response.
Epidemic Diseases Act, 1897
- A pre-independence law designed to control outbreaks (originally plague).
- While it gives states the power to take local preventive measures, during COVID-19, the Union Health Ministry used its provisions to issue enforceable national guidelines and advisories.
- It also empowers the Centre to inspect and detain vessels/persons entering or leaving the country.
The Three Farm Acts (2020)
- The Centre introduced major agricultural reforms using Entry 33 of the Concurrent List (trade and commerce in foodstuffs).
- Although agriculture is primarily a State subject, these laws represented a significant legislative entry by the Centre into agricultural marketing, sparking intense federal friction.
Conclusion
In the landmark SR Bommai case (1994), the Supreme Court affirmed that states are not mere appendages of the Centre and possess an independent constitutional existence. While centralizing tendencies are necessary during crises, they must remain exceptions rather than the rule to preserve the federal fabric.
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