This article is written by Anam Khan from Hidayatullah National Law University. The article tries to explain how the Centre and State relations are helping us fight this pandemic. It also briefly underlines how the federal structure is acting as a boon and a bane at the same time.

Introduction

The world has been shadowed by the spreading of the novel coronavirus. It has become a matter of grave concern owing to its rapid spread. While scientists are trying as hard as they can to discover the origins of this virus- whether it actually originated from the animal market in the city of Wuhan, China, or is it a biological weapon for war. Meanwhile, the countries that have already been shaded under the map are trying their best to fight this virus. From using the common drug used for treating malaria- hydroxychloroquine as a preventive drug for COVID-19 to using the blood plasma therapy as a potential treatment, various attempts are also being made for a possible vaccine too, as the number of cases is on a sharp rise. The basic feature of this virus can be noted to be its rapid spread and massive destruction capacity, which is why on 11th March 2020, the World Health Organisation had to declare it a ‘pandemic’- ‘world-wide spread of disease’. As COVID-19 grips various countries in its clutches, governments take up active measures to combat this situation of crisis and to ensure the safety of its citizens. This article explains the responsibility of the Centre to look after its States. 

Centre-State Relationship

There are two forms of government, unitary and federal. In a unitary form of government, the Centre is known to be the primary source of power. France, Japan, and China are countries that have a unitary form of government. Whereas the particular feature of a federal form of government is the division of powers between the Centre and the State. India and the United States of America are known to follow the federal form of government. However, in India, during times of emergency, the division of power fades as the Centre starts to enjoy more powers leaving the States with very few powers. In Part XI of the Indian Constitution, powers are divided between the Centre and the State under three heads- Legislative (Article 245-255), Administrative (Article 256-263), and Financial relations (Article 264-293). Although India follows the federal form of government the Constitution provides the Union powers to exercise its control over the state legislature in the matters of administration of the state. When faced with the challenging times of a pandemic, the coordination between the Centre and State relationship is a crucial point in dealing with the situation.

Predominance of the Union List

The powers of the Centre and the State are divided and they cannot make laws outside their jurisdiction and allotted subjects. Although the scientific division is not possible and questions frequently arise whether a particular subject falls in the sphere of one or the other government. Under the Seventh Schedule in the Constitution, three lists have been mentioned under which Parliament makes laws- Union list (on which Parliament makes laws); State List (on which State legislature makes laws); and Concurrent List (on which both Parliament and State Legislature make laws). The opening words of Article 246 expressly secure the predominance of the Union List over the State List. Thus if there ever arises a situation of overlapping of the two heads of power, it has been clearly mentioned in the Constitution that it is the Union List that will prevail.  

In Union of India v. H.S. Dhillon, the question involved was whether Parliament had legislative competence to pass the Wealth-tax Act imposing wealth-tax on the assets of a person in agricultural land. The court held that in case of a Central Legislation the proper test was to inquire whether the matter fell in the State List or Concurrent List. Once it is found that the matter does not fall under the State List, Parliament will be competent to Legislate on it under its residuary power.

Centre’s responsibility towards States

In India, there still exists a problem over the division of forces between the Centre and States to battle the pandemic. A few specialists need a general central law to manage comparable circumstances where divided laws don’t differentiate between the jobs of the two. As India decided to go on lockdown in a bid to stem the spread of the virus, the Central Government has made some guidelines and taken active steps, which include sealing of borders, restricting public movement, and strictly following social distancing. Violation of the rules and guidelines issued by the Centre may lead to a jail term or heavy penalty according to the Disaster Management Act, 2005.

Around three years back, the Ministry of Health set up for conversation the draft of Public Health (Prevention, Control and Management of Epidemics, Bio-psychological oppression, and Disasters) Bill, 2017. The draft Bill referred to the job and obligations of the Centre and the States in a health-related crisis. The Bill, in any case, never observed the light of the day. 

During the first round of the 21-day lockdown, as many as 568 people were reportedly arrested, in Badaun (UP) and also a whopping amount was collected as fine from the violators of the lockdown. The police, while monitoring public places, were also seen using their lathi and beating up violators to instill a sense of fear among them. This is how we could see different States complying with the Central Laws and guidelines. As per Article 246 of the Constitution, matters identified with an open request are referred to in the State List. To manage the quick spreading of the pandemic, the Central government took the response to the Epidemic Diseases Act, 1897 (ED Act), and the Disaster Management Act, 2005 (DM Act). In this way, it reported a countrywide lockdown to contain the spread of the coronavirus, utilizing arrangements in the DM Act. As the infection is spreading like a wild forest fire across the nation, numerous specialists are required to combat the inconveniences that are being caused by the crisis. Be that as it may, such a measure would have confronted execution challenges. The Constitution doesn’t straightforwardly make reference to the wellbeing crisis of this sort India is encountering right now. In any case, when Central enactment gets pertinent, Article 256 applies. That arrangement says that states must consent to central laws, and the Centre can give headings and guidelines to maintain consistency. Though the Centre chose to stay quiet on a lot of important matters, it has nevertheless done incredible work to combat the crisis.

While all segments of society are associated with pandemic readiness and reaction, the national government is the regular head for the general coordination and correspondence endeavours. In its position of authority, the central government should:

1. distinguish, delegate, and lead the planning body for pandemic readiness and reaction; institute or change enactment and approaches required to support and improve pandemic readiness, limit advancement, and reaction endeavours over all areas; 
2. organize and direct the allotment and focusing of assets to accomplish the objectives as the plot in a nation’s Pandemic Influenza Preparedness Plan; 
3. give extra assets to national pandemic readiness, limit improvement, and reaction measures; and 
4. consider giving assets and specialized help to nations encountering episodes of flu with pandemic potential.

Along with all these measures, there are a few relief measures that the Central government has decided to grant to its citizens:

1. Extend the last date for income tax returns for (FY 18-19) from 31st March 2020 to 30th June 2020.
2. Aadhaar-PAN linking date to be extended from 31st March 2020 to 30th June 2020. 
3. Vivad se Vishwas scheme – no additional 10% amount, if payment is made by June 30, 2020. 
4. Due dates for issue of notice, intimation, notification, approval order, sanction order, filing of an appeal, where the time limit is expiring between 20th March 2020 to 29th June 2020 shall be extended to 30th June 2020.   

State’s role in dealing with this pandemic

The onus of dealing and managing this pandemic should be left on the States because that is more likely to ensure better management. While every sector of society is involved in the pandemic settlement and response, the Centre becomes the natural leader with its army of States and citizens. From setting up additional beds in hospitals, isolation wards, procuring test kits, Protection kits for doctors, applying complete lockdown in states, testing people having a travel history, ensuring they remain in isolation for 14 days, are among a few steps that the State government has taken. As India has now entered its third round of lockdown which is to end on 17th May, districts have been divided into 3 colour zones- green, orange, and red, and certain relaxations are being provided accordingly. 

• Red Zone- a new case has been reported within 14 days-130 districts.
• Orange Zone- no new cases have been reported within 14 days-284 districts
• Green Zone- no new case has been reported within 28 days-319 districts

This is where we can see a clash of interests in the Central and State interests. Though the Centre issued the new guidelines, dividing the districts into 3 colour zones but it may not be incomplete interests of some of the States. We have seen the Chief Minister of Chhattisgarh, Mr. Bhupesh Bhaghel requesting the Union Minister to remove the state capital Raipur from the list of Red Zone. With the recent classification of States, Raipur landed in the Red Zone. Mr. Bhaghel informed Dr. Harsh Vardhan that there have only been 43 positive cases in the State out of which 36 have recovered. And the recent case that landed Raipur in the Red Zone was that of an AIIMS nursing officer. There is only 1 active case from Raipur and hence, it must be dropped from the Red Zone.

COVID-19 and the ‘Lockdown’

As India has now entered its third round of lockdown, it is important to understand who set this precedent and why is it absolutely necessary. When the virus first started spreading in China, they had no other option but to make a complete lockdown as it was analyzed that human contact is the means of propagation and transfer of this virus. Since this is a novel virus and before one could understand the perils it brought along. it had already trapped a large population of people. Scientists have been working day and night to invent a possible vaccination that could immune us from getting affected.

But the question is, do we have the required time? The intensity and the speed with which the virus was spreading, social distancing, and self-isolation was the only way by which one could save themselves. There was no known medication or vaccination and to come up with one is naturally going to take a good amount of time. Since there is a need to buy some time so that effective medication and vaccination can be brought in the market for sale. Until then, one-third of the entire world is made to sit at home, and movement has been completely restricted. Factories, schools, colleges, movie theatres, malls, religious gatherings, and every other public gathering has been restricted. People are being told to stay home, in order to stay safe. India is not the only country to put such restrictions on its citizens but like I have mentioned earlier because of the novelty of the virus, today 1/3rd of the world population is at home. India has now entered into its third round of lockdown. Italy, France, Japan, China, Denmark, UK are among the few countries that are also under lockdown.

How are different country’s central power handling this?

1. Panama– The Central American nation, which has had near 1,000 affirmed cases, has declared exacting isolate measures isolating individuals by sex with an end goal to stop the spread of the coronavirus. People will have the option to leave their homes for just two hours one after another and on various days.
2. In some Colombian towns, individuals are permitted to go outside depending on the last number of their national ID numbers. For instance, individuals in Barrancabermeja with an ID number consumption in 0, 7, or 4 are permitted to go out on Monday, while those with an ID number closure 1, 8, or 5 can go outside on Tuesday. Close by Bolivia is proposing a comparable methodology
3. Sweden– In contrast to its neighbours, Sweden has taken a casual demeanour. In spite of nearly 4,500 affirmed cases there, the administration trusts individuals will carry on reasonably and confides in them to make the best decision. Social occasions in excess of 50 individuals had been restricted however schools for students younger than 16 stay open.
4. South Korea– After maintaining a one-month long streak of fewer than 100 patients, the caseload has eased. It has emerged as a model for the rest of the world. Businesses have re-opened as it has managed to nip the virus in bud. Widespread testing, intensive contact tracing, and tracking apps have enabled South Korea to limit the spread. Sports events have resumed amid a low daily increase in the number of positive cases.  

Conclusion

The key to counter and rise from this virus is cooperation and patience. These are very difficult times for everyone but even a slight act of carelessness or any impulsive behavior will make the situation go from bad to worse. It is extremely important that we comply with the orders of our Central and State governments and try not to make things difficult for others. For those of us who are as yet sound, who are viewing the flare-ups through diagrams and tweets, it’s imperative to recollect that the numbers we see are more than numbers. They are human lives, with their loved ones and everything else they contain. There can be a certain clash of interests in the federal structure but it is very important for us to realize that every step is being taken for the greater good of humanity.