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Rohan Kapoor

1 week ago

I'm working on a project comparing the Indian Constitution with other federal systems, but I'm confused about how the division of powers between the Centre and States differs in practice during a crisis like a pandemic. Can someone help clarify this with real examples?

I'm a political science student researching federalism for a term paper. I've read the Seventh Schedule of the Indian Constitution, which lists Union, State, and Concurrent Lists, but I'm struggling to apply this to recent events like the COVID-19 pandemic. For instance, during the lockdowns, both central and state governments issued orders, and it's unclear who had the final authority in areas like health and disaster management.

  • I've reviewed the Disaster Management Act, 2005, and the Epidemic Diseases Act, 1897.
  • I've looked at news articles, but they often contradict each other.
  • I need practical insights or case studies to understand how powers are exercised in such scenarios.
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Discussion

AN

Amarachi Nkem
1 week ago

In the Indian federal system, the division of powers during a crisis like a pandemic is complex and involves both the Centre and States. Under the Constitution, health is primarily a State subject (State List), while disaster management is in the Concurrent List, allowing both levels to legislate. However, during emergencies, the Centre can take a leading role through laws like the Disaster Management Act, 2005.

For example, during COVID-19, the central government invoked the Disaster Management Act to impose nationwide lockdowns, but states had discretion in implementation, such as setting their own guidelines for travel or healthcare. This led to variations across states, like in Maharashtra and Kerala, where state governments tailored responses based on local needs while adhering to central directives.

Key points: The Centre coordinates broad policies, but States execute them with flexibility. In practice, this requires cooperation, and conflicts often arise, as seen in court cases over resource allocation. To avoid confusion, focus on specific articles like Articles 245-254 and refer to resources like the Indian Constitution portal or academic papers on Indian federalism.

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ASB

Aditya Sirish Bhatia
1 week ago

Great question! The pandemic really highlighted federal tensions in India.
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