The Indian constitution, while founded on the principles of federalism, also reflects centralizing tendencies aimed at preserving the unity and integrity of the nation. This is evident in legislative measures such as the Epidemic Diseases Act, 1897, the Disaster Management Act, 2005, and the recently passed Farm Acts. The Epidemic Diseases Act grants the central government the authority to take extraordinary measures to control the spread of diseases, allowing for a unified and coordinated response across states. Similarly, the Disaster Management Act centralizes powers in the hands of the central government during times of calamity, ensuring a cohesive and efficient disaster management strategy. The Farm Acts, although initially seen as promoting decentralization by allowing farmers greater autonomy, also sparked concerns about centralizing economic power in the hands of the central government. In these instances, the centralizing tendencies of the Indian constitution are strategically employed to address nationwide challenges, emphasizing the delicate balance between unity and decentralization in a diverse and complex country.
UPSC Mains General Studies Paper – 2 Mains 2020
Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions, and basic structure
UPSC Mains Civil Services IAS Exam Question Paper – 2020
Structure of the Question
- In the Introduction,
- Try to mention the centralizing tendencies of the Constitution.
- In Body,
- Discuss the centralizing tendencies concerning the:
- Epidemic Diseases Act, 1897
- The Disaster Management Act, 2005
- Farm Acts
- Discuss the centralizing tendencies concerning the:
- In Conclusion,
- Try to discuss the Importance of a Strong Union.
Answer
Introduction
The most salient aspect of a federal form of government is that the governments at both the national and the state level function in their respective jurisdictions with considerable independence from one another. 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.
Centralizing Tendencies of the Constitution
Sir Ivor Jennings believed India to be a “federation with strong centralizing tendencies”. The Indian Constitution exhibits centralizing tendencies for maintaining the unity and integrity of the nation:
Union of States
Article 1 in the Constitution states that India, that is Bharat, shall be a Union of States; an indestructible Union of destructible States.
More Subjects in Union List
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.
Provisions of Constitution
Centralization is also evident in the provisions like All India Public Services, single citizenship, etc.
Speaker not being an Apolitical entity
Speaker is appointed from the party/coalition enjoying the majority in the lower house. Thus, one continues to hold the party affiliation even after the appointment to the post. This often leads to a subjective interpretation of issues rather than the objectivity needed in a parliamentary democracy.
Recently, the centralizing nature of unions has been evident in dealing with Covid-19 pandemic and also in reforming the agricultural sector:
Epidemic Diseases Act, 1897
- The Epidemic Diseases Bill was tabled on January 28, 1897, during an outbreak of bubonic plague in Mumbai (then Bombay).
- The Epidemic Diseases Act aims to provide for the better prevention of the spread of dangerous epidemic diseases.
- Under the act, temporary provisions or regulations can be made to be observed by the public to tackle or prevent the outbreak of a disease.
- Health is a State subject, but by invoking Section 2 of the Epidemic Diseases Act, advisories and directions of the Ministry of Health & Family Welfare will be enforceable.
- Powers to Central Government: Section 2A of the Act empowers the central government to take steps to prevent the spread of an epidemic. It allows the government to inspect any ship arriving or leaving any post and the power to detain any person intending to sail or arriving in the country.
- The Central government has so far followed a mostly top-down approach in tackling the COVID-19 pandemic directing the State governments to diligently enforce every new set of guidelines which included taking steps for inspecting and detaining persons traveling out of or into the country during the epidemic.
- Recent Changes in the Epidemic Diseases Act, 1897: Recently, the Cabinet amended the Act through an ordinance stating that commission or abetment of acts of violence against healthcare service personnel shall be punished with imprisonment for a term of three months to five years, and with a fine of Rs 50,000 to Rs 2 lakh. In case of causing grievous hurt, imprisonment shall be for a term of six months to seven years and a fine of Rs1 lakh to Rs 5 lakh.
The Disaster Management Act, 2005
- It was enacted by the Union under the residual powers. The Act proved to be instrumental in combating COVID-19 though ‘Public health and sanitation’ is a subject under Entry 6 of the 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.
Farm Acts
- Major agricultural market reforms have been introduced by the central government through three acts:
- The Essential Commodities (Amendment) Act, 2020
- The Farming Produce Trade and Commerce (Promotion and Facilitation) Act, 2020
- The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020
- These have been enacted under Entry 33 of the Concurrent List which deals with trade and commerce, and the production and supply of foodstuffs – an issue that holds enormous importance for the enhancement of farm income.
- But these farm laws are important as they are the biggest agricultural reforms ensuring market choice, encouraging entrepreneurship, and access to technology, and resulting in structural transformation of agriculture.
Conclusion
According to K.C. Wheare, in practice, the Constitution of India is quasi-federal and not strictly federal. It is a union or a composite of a novel type. Indian Federalism is unique i.e., ‘federation with a centralizing tendency’ which is tailored according to the specific needs of the country. Thus, a strong Union seems essential for coordinating vital matters of common concern and ensuring peace. Moreover, though there are some centralizing tendencies, there also exists some highly federal features like dual polity and bicameral structure of the parliament.
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Frequently Asked Questions (FAQs)
1. How does the Epidemic Diseases Act, 1897, reflect centralizing tendencies in the Indian Constitution to uphold national unity and integrity?
The Epidemic Diseases Act, 1897, empowers the central government to take necessary measures to prevent the outbreak and spread of dangerous epidemic diseases. This centralization is in line with the constitutional mandate to maintain public order and ensure the well-being of citizens across the nation. The Act allows the central government to issue guidelines and directives, showcasing the constitutional authority to enact measures for the greater good of the country during health crises.
2. In what ways does the Disaster Management Act, 2005, exemplify centralization within the framework of the Indian Constitution to preserve national unity and integrity?
The Disaster Management Act, 2005, centralizes authority by vesting power in the National Disaster Management Authority (NDMA) and giving the central government control over the response to disasters. This aligns with the constitutional principle of ensuring the unity of the nation during emergencies. The Act provides for a coordinated and centralized approach to disaster management, allowing for swift and effective measures to be taken across states to maintain the integrity of the country.
3. How do the recently passed Farm Acts showcase centralizing tendencies in the Indian Constitution, and how do they contribute to the unity and integrity of the nation?
The recently passed Farm Acts exhibit centralizing tendencies by promoting agricultural reforms that aim to create a unified national market for agricultural produce. By dismantling barriers to interstate trade and fostering a common market, these Acts align with the constitutional goal of economic unity. The centralization of agricultural policies reinforces the idea of a cohesive national economy, contributing to the overall integrity of the nation.
4. Can the centralization of powers under the Epidemic Diseases Act, 1897, and the Disaster Management Act, 2005, be considered a necessary constitutional approach to handle emergencies while maintaining the unity of the nation?
Yes, the centralization of powers under these acts is justified as it allows for a prompt and coordinated response to crises that transcend state boundaries. The Constitution empowers the central government to take necessary actions in the interest of public order and safety. Centralized authority ensures uniformity in response mechanisms, preventing fragmentation during emergencies and safeguarding the unity and integrity of the nation.
5. How do the centralizing features of the Epidemic Diseases Act, 1897, the Disaster Management Act, 2005, and the recently passed Farm Acts reflect the constitutional balance between national unity and the autonomy of states in India?
While these acts centralize certain powers, they also provide mechanisms for consultation with states and involve them in decision-making processes. This constitutional balance acknowledges the importance of cooperative federalism, allowing states to play a role in implementing measures while ensuring a unified approach. The centralization is, therefore, a constitutional necessity to harmonize efforts in the larger interest of the nation while respecting the federal structure.
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