Failure Of Indian Federalism During Covid - Need For Cooperative Federalism
Author: LawSphereX
Category: General Law
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FAILURE OF INDIAN FEDERALISM DURING COVID:
NEED FOR COOPERATIVE FEDERALISM Hriday Sukhani, B.B.A., LLB (H), Symbiosis Law School, Pune. Lakshya Bansal, B.B.A., LLB (H), Symbiosis Law School, Pune.
ABSTRACT
Covid 19 pandemic widespread was originally initiated in the city of Wuhan, China, here 1st case was recorded in December 2019. By 21st February 2020, the virus spread to 28 other countries. WHO (world health organization) considering the sincerity of this problem announced this disease as a pandemic on 11th March 2020. Countries did recognize it and started to take measures. India started to deal with this situation through lockdown procedures. Our prime minister has called for global cooperation at various forums like the 76th session of the world health assembly. The external affairs minister call India a hurt of global cooperation but India faced some criticism as a result of the lack of internal cooperation. This research article is going to throw light on how the division of powers between the centre and state in India.
Moreover, this essay will majorly focus upon what is the lacuna of the Indian federalism system (through the analysis of some studies conducted about Indian federalism) and why India was not able to control the pandemic, what were the consequences if we have federalism structure of the US. In the end, emphasis on how to adopt cooperative federalism and what measures need to be implemented to create better cooperation between centre and state, and how cooperative federalism would have helped and will be helping if we implement it.
Introduction
By virtue of the umbrella legislation that is the Indian constitution, we have states and a centre that manages the country’s functioning. Constitution has properly defined the roles of the government and legislature at both levels, that in some way shows a powerful centre, which is apparent through articles 248, 249, 250. Our constitution calls for such a composition as per Article 1 that “India, that is Bharat, shall be a Union of States”, which means the Indian constitution is holding together federation. That means the union is supreme and states will be having some power. For that matter, the constitution has its Schedule 7 in which three lists are enumerated that is union list (97 subject matters), state list (61 subject matter), and concurrent list (52 subject matters).
1 Health is a subject matter of state list, but we have some statutes that empower unions to make laws in this matter when the disease becomes epidemic or pandemic. National Disaster management act, of 2005, gives immense power to the centre to issue direction through its Ministry of home affairs which lead to a nationwide lockdown and restriction of all movements in the country. 2 Epidemic disease act, 1897 empowers unions to take preventive steps concerning epidemic diseases at ports of entry and exit3. The central government took several measures under section 2 (A) that lead to the imposing of lockdowns, home quarantine, etc4. Moreover, the government amended section 3 of the epidemic disease act, of 1897 as there were recurring attacks on health workers.
5 Suggestions put forth through this research article are relevant in contemporary times to avoid the repetition of such federalism failure as happened during covid. The Janata curfew and 21- 1 Understanding Indian federalism - JSTOR. Available at: https://www. jstor. org/stable/26575604 (Accessed: 17 August 2023).
2 Jha, R. (2021) Impact of the COVID-19 pandemic on India’s federalism, ORF. Available at:
https://www. orfonline. org/expert-speak/impact-of-the-covid-19-pandemic-on-indiasfederalism/#:~:text=The%20pandemic%20proved%20that%20the,of%20adopting%20a%20centralised%20appr oach (Accessed: 17 August 2023). 3 Suau-Sanchez, P. , Voltes-Dorta, A. and Cugueró-Escofet, N. (2020) An early assessment of the impact of COVID-19 on air transport: Just another crisis or the end of aviation as we know it? , Journal of transport geography. Available at: https://www. ncbi. nlm. nih. gov/pmc/articles/PMC7269949/ (Accessed: 17 August 2023). 4Awasthi, P. (2020) Centre invokes ‘epidemic act’ and ‘disaster management act’ to prevent spread of coronavirus, BusinessLine. Available at: https://www. thehindubusinessline. com/news/national/centre-invokesepidemic-act-and-disaster-management-act-to-prevent-spread-of-coronavirus/article31049161. ece (Accessed: 17 August 2023). 5 Gowd, K. K. , Veerababu, D.
and Reddy, V. R. (2021) Covid-19 and the legislative response in India: The need for a comprehensive health care law, Journal of public affairs. Available at: https://www. ncbi. nlm. nih. gov/pmc/articles/PMC8250373 (Accessed: 17 August 2023). day nationwide lockdown were highly criticized as there were no negotiations or discussions by PM, it was just a handful of ‘Yes’ people who supported PM. Additionally, there was a lack of planning in this matter that resulted in the suffering of common people. 6 Moreover, when it came to vaccination policy initially central government announced on the 21st of May that now the state will be dealing with the procurement of vaccines.
When the state government argued that the centre is not providing enough supplies, the centre claimed that health is a state matter, which shows the inability of our system7 and raised a query about the nature of the Indian constitution. This research paper aims to analyse the problems faced by India due to centralised tendencies during covid. Moreover, why do we need to adopt cooperative federalism (through an analysis of the Indian and the US federal structures and its reasons for failure), how and what type of cooperation we require to adopt (through a brief study about the lacunae in our system and by analysing what other scholars through their research suggest to avoid such failure) This article will propose some suggestions with specific emphasis on the need for cooperative federalism in contemporary times.
Nature of the Indian Constitution In the Indian constitution, some articles deal with federalism but the nature of those articles shows a centralizing tendency that creates a question of whether the Indian constitution is federal or it is unitary in nature. We have part XI of the Indian constitution that deals with the division of power between the centre and states. Dr. B. R. Ambedkar wrote, “The basic principle of federations is that the legislative and executive authority is partitioned between the Centre and the states, not by any law to be made by the Centre, but by the Constitution itself. ”8 To define the nature of the Indian constitution various scholars after analyzing the provisions of the Indian constitution have provided their opinion. K. C. Wheare a well-known British
6 Why India’s lockdown has been a spectacular failure The Wire. Available at
https://thewire.in/government/india-covid-19-lockdown-failure (Accessed: 17 August 2023). 7 ‘Health is a state subject’: Centre defends vaccine strategy in 7 points (2021) Hindustan Times. Available at: https://www.hindustantimes.com/india-news/health-is-a-state-subject-centre-defends-vaccine-strategy-in-7points-101622105429701.html (Accessed: 17 August 2023).
8 Jha R, ‘Impact of the COVID-19 Pandemic on India’s Federalism’ (ORF, 30 November 2021)
https://www.orfonline.org/expert-speak/impact-of-the-covid-19-pandemic-on-indiasfederalism/#:~:text=The%20pandemic%20proved%20that%20the,of%20adopting%20a%20centralised%20appr oach accessed 5 August 2023 scholar describes India as “a unitary state with subsidiary federal principles rather than a federal state with subsidiary unitary principles.” Charles Alexandrowicz differs he believes it has distinctive characteristics. Moreover, W.H. Morris Jones defines it as cooperative federalism. In addition to it, Sir Ivor Jennings feels that “India has a federation, with strong centralizing tendency”.9 Provisions that indicate centralizing tendency. In the Indian constitution, some provisions are termed as legislative and administrative federalism but eventually show the dominating and overriding powers of the centre.
1. As per Article 24810, On any matter that is not enumerated in the list will be considered
as a matter on which the union will make law. And article 253 states that to give effect to any treaty union will make law.11
2. According to Article 249 council of States can allow with 2/3rd majority to make any
law regarding a particular matter enumerated in the state list.12 The same power under Article 252, is given to the legislatures of 2 or more states under which they can by a resolution allow parliament to make provisions regarding certain subjects enumerated in the state list. 13
3. As per article 250, in case of emergency the union will legislate on all matters of state
list.14 Moreover, as per Article 251 in case of any law made by the state in cases where articles 249 and 250 are in application then union-made law will prevail over the state.15
4. By virtue of Article 254, the state can make law on a concurrent list. On the contrary,
any law made under this provision by the state can be declared void by virtue of any law made by parliament that is contrary to state law.16 9Understanding Indian federalism - JSTOR https://www.jstor.org/stable/pdf/26575604.pdf accessed 5 August
10 INDIA CONST. art. 248
11 INDIA CONST. art. 253
12 INDIA CONST. art. 249
13 INDIA CONST. art. 252
14 INDIA CONST. art. 250
15 INDIA CONST. art. 251
16 INDIA CONST. art. 254
5. Moreover, in case of a clash between state-made law and union-made law either the
union-made law will prevail or if a court in any way creates a harmonious construction then both laws will be applied.17
6. Article 257(1) indicates central government supremacy by stating that the executive
power of the state shall not work in the process of the executive power of centre, which means it shall not override or affect central power.18
7. Major taxation power is vested with the centre like income tax, corporate tax, etc. as
the centre is spending just 40% of total welfare expenditure while 60% is done by states only. By analyzing the provisions we must infer that the Indian constitution is centralized with certain federal features as the centre enjoy more power or even its power does have an overriding effect on the power entrusted with the states.19 Literature review
1 COOPERATIVE LEGISLATION AND ARTICLE 252
IMPLICATIONS FOR INDIAN FEDERALISM20
2 Rethinking federalism
Changing power relations between the centre and the states, web of science index21
3. The dynamics of federal (in)stability and negotiated cooperation under single-party
dominance: insights from Modi’s India22
17 Re Kerala Education Bill, AIR 1958 SC 956
18 INDIA CONST. art. 257, cl. 1
19Understanding Indian federalism - JSTOR https://www.jstor.org/stable/pdf/26575604.pdf accessed 5 August 20 Arjun Krishna and Vishnu Vardhan Shankar, Cooperative legislation and Article 252: Implications for Indian Federalism, vol. 16, JSTOR, Pg. 64-98, 2004, Available at: https://www.jstor.org/stable/44308384 (Accessed:
11 August 2023).
21 Bagchi A. (2003) Rethinking federalism
Changing power relations between the centre and the states, Vol. 33, no. 4, web of science index, Pg. 21-42, 2003 Available at: https://www.webofscience.com/wos/alldb/fullrecord/WOS:000223729600002 (Accessed: 14 August 2023). 22 Sharma, C. and Swenden, W. (2022) The dynamics of federal (in)stability and negotiated cooperation under single-party dominance: insights from Modi’s India, Vol. 30, no. 4, web of science, pg. 601-618, 2022, Available at: https://www.webofscience.com/wos/woscc/full-record/WOS:000878548900001 (Accessed: 17 August 2023).
4 Goods and Services Tax
An Exercise in ‘Controlled Federalism’23
5. Challenges
to India’s centralized parliamentary federalism24 The need for cooperation was felt during covid a lot. Consequences of the lack of coordination resulted in an unplanned and sudden imposition of lockdown ended up with public suffering. Even at the time of vaccination in 2021 chief ministers have pointed out PM monologue conversation and that resulted in one-way humiliation. 25This literature review is going to focus majorly on the need for cooperation felt during situations prior to this pandemic. Arjun Krishna and Vishnu Vardhan Shankar (Cooperative legislation and Article 252: Implications for ... - JSTOR) in their study where he used “hypothetical constitution” as a device. He emphasised more upon Article 252 to achieve cooperative federalism. He reasoned that cooperative federalism is required to be in the system to address issues that cannot be dealt with by individual states.
This study proposed some changes in Article 252, that Article 252 as pointed out by the judiciary as well should be treated as an “act of legislature” that just require the governor's assent. So that the state is not passing a mere resolution but an act to initiate the effectuation of the central act and it should be preferred to the cumbersome procedure of amendment enumerated under article 356. To decide the subject matter to pass a resolution “concurrent field approach” (it will be similar to a concurrent list i. e. once a resolution has been passed by a state then it would act as a matter of concurrent list) should be adopted. As parliament is not bound to make laws on the resolution passed, therefore, a discussion should be there with the interstate council before repealing the resolution.
Moreover, the transfer of subject matter should be for a limited time period to avoid further application of “surrender approach” i. e. once a resolution is passed state has no right to make law. 26 Amaresh Bagchi (Bagchi A. (2003) Rethinking federalism: Changing power relations between the centre and the states, web of science index) in his study suggested a system where there is 23 PRASANNA, ALOK KUMAR. “Goods and Services Tax: An Exercise in ‘Controlled Federalism’? ”, Vol. 51, no. 34, JSTOR, pg. 10-11, 2016, Available at: http://www. jstor. org/stable/44004609. (Accessed 11 Aug. 2023). 24 Singh, M. and Verney, D. (2003) Challenges to India’s centralized parliamentary federalism, Vol. 33, no, 4, Web of Science index, pg. 1. 20. Available at: https://www. webofscience. com/wos/alldb/fullrecord/WOS:000223729600001 (Accessed: 14 August 2023).
25 Listen to the State (2021) The Indian Express. Available at
https://indianexpress. com/article/opinion/editorials/listen-to-the-state-central-government-state-governmenthealthcare-centres-testing-kits-ventilators-ppe-covid-19-oxygen-7324958/ (Accessed: 17 August 2023). 26 Cooperative legislation and Article 252: Implications for Indian Federalism, vol. 16, JSTOR, Pg. 64-98, 2004, Available at: https://www. jstor. org/stable/44308384 (Accessed: 11 August 2023). a room for vertical and horizontal discussion as initially, the benefits of centralising that resulted in a tremendous shoot up of the Indian economy initially are now working contrary. This article has pointed out 4 major problems that were over the centralization of economic policies, inadequate central vigilance over state borrowings, flaws in the design of intergovernmental transfer, and segmented fiscal measures.
He suggested that to stabilize the economy some measures for centre-state cooperation should be there wherein the centre should scrap most of its centrally sponsored policies and power should be delegated to panchayat and municipality, article 307 should be invoked. State Taxation power should be increased. Steps to develop states should be taken. Unconditional general-purpose grants should be allotted. 27 Sharma, CK & Sweden (The dynamics of federal (in)stability and negotiated cooperation under single-party dominance: insights from Modi’s India, web of science) in their research found that ruling parties centralised or decentralised approach and ideology plays an important role in making a nation decentralised or centralised. They found that this system existed till
1967 only and even the current party (Modi government, 2014 onwards) showed a centralised
tendency where no discussions are planned with state opinion but straightaway announced on T. V. Modi government tried to diminish the fiscal capacity of states and discouraged state schemes. Conclusively, he recommends 4 types of cooperation among which for stable federalism “negotiable federalism” is preferable to others wherein the state doesn’t violate federal structure and centre doesn’t bind the state to follow its instructions. 28 Alok Kumar Prasanna (PRASANNA, ALOK KUMAR. “Goods and Services Tax: An Exercise in ‘Controlled Federalism’? ” - JSTOR) Defines cooperative federalism as joint efforts of the centrestate to attain a common development goal. His major emphasis is the GST Bill 2016 which says decisions will be taken with a 3/4rd majority but the centre itself has 1/3rd voting power which implies its veto power in any decision.
Centre believes in controlled federalism that emerges as a reason for the tussle between centre and state over Arunachal Pradesh, Delhi, etc. due to presidential rule. On contrary, The author believes that cooperative federalism is the 27 Bagchi A. (2003) Rethinking federalism: Changing power relations between the centre and the states, Vol. 33, no. 4, web of science index, Pg. 21-42, 2003, Available at: https://www. webofscience. com/wos/alldb/fullrecord/WOS:000223729600002 (Accessed: 14 August 2023). 28 Sharma, C. and Swenden, W. (2022) The dynamics of federal (in)stability and negotiated cooperation under single-party dominance: insights from Modi’s India, Vol. 30, no. 4, web of science, pg. 601-618, 2022 Available at: https://www. webofscience. com/wos/woscc/full-record/WOS:000878548900001 (Accessed: 17 August 2023).
only way through which a diverse nation can achieve a common government and economy and is the only way to avoid conflict over language, and resources. 29 Mahendra P. Singh and Douglas V. Verney (Singh, M. and Verney, D. (2003) Challenges to India’s centralized parliamentary federalism, Web of Science index), through their research, have extensively analysed Indian federalism during the election. He majorly focused on a period from 1989 to 2004. The author admitted that although strong centralization is a requisite for a speedy process and for socialization even J. L. Nehru found it the only better option at the time of independence.
Moreover, the national commission to Review the Workings of the Constitution was constituted for an increase in power vested with the state but its recommendation just incorporated cooperative federalism word through 158 recommendations and to which specific emphasis was not given. Additionally, his study suggests that nowhere efforts for federalism were made and reference to the state-centre relationship was not given as federalism by any committee in its report. On the contrary, in the end, there was no recommendation even after criticism was mentioned. Moreover, the author didn’t specify whether federalism should be there and if yes then to what extent. 30 These research articles analysed and suggested some measures for cooperative federalism but there are some research gaps that this article with a more extensive study aims to alleviate.
Every article has suggested measures for respective problems that were active at that time, some haven’t suggested any measure but rather just pointed out the problem and its effect, and some have suggested cooperative federalism as a measure but don’t provide what type of cooperation will help. On the contrary, covid 19 pandemic is new for the world, therefore measures suggested above are not sufficient to deal with it, for instance, article 252 is suggested cooperation but rather if we prefer article 249 then It would help better as the centre will be equipped with a power to legislate on any specific state matter. Therefore, we need to implement some other effective measures to resolve the problem. 29 PRASANNA, ALOK KUMAR. “Goods and Services Tax: An Exercise in ‘Controlled Federalism’? ”, Vol. 51, no. 34, JSTOR, pg. 10-11, 2016, Available at: http://www. jstor. org/stable/44004609.
(Accessed 11 Aug. 2023). 30 Singh, M. and Verney, D. (2003) Challenges to India’s centralized parliamentary federalism, Vol. 33, no, 4, Web of Science index, pg. 1. 20. Available at: https://www. webofscience. com/wos/alldb/fullrecord/WOS:000223729600001 (Accessed: 14 August 2023).
Critical Analysis
1. India’s failure during covid due to strong centralized tendency.
The first case in India of covid 19 was detected on 30th January 2020. 31 WHO (world health organization) declared this wide spreading disease a pandemic on 11 March32. After his declaration PM Narendra Modi declared a nationwide “Janata curfew” on 22nd March (from 7 AM to 9 PM). India initiated actions to control the pandemic even before it knocked on the doors of our country. 33 Later on, a 21-day nationwide lockdown was announced. 34 Such hasty reactions to stop the spread of covid 19 pandemic were highly criticized. As when the disease was limited in certain areas the government announced a nationwide lock that was again extended for months on the name that Within this time government is trying to increase the capacity, but it is being argued that rather than taking such a step government could also support local authorities where this infection is spreading.
35 As this will ultimately allow other places open that will save the economy which might prove helpful in fighting with covid. Additionally, it would be in favour of a lot of labourers or people whose houses are running on the daily wages they earn. Additionally, the government would be able to increase the capacity of hospitals or beds. 36 Former culture secretary of the government of India, Jawhar Sircar, said that the lockdown strategy is a spectacular administrative failure. As the government should have some discussion not only with those “yes” men in his cabinet but also with the local authorities and state government, as they know their condition better. Moreover, the decision for implementing a 31 Dutt, A. (2023) India’s first covid-19 case reported 3 years ago: What numbers say on deaths, Vaccines, The Indian Express. Available at: https://indianexpress.
com/article/explained/explained-health/three-years-of-covid- 19-8413855/ (Accessed: 17 August 2023). 32 M;, C. D. (no date) Who declares COVID-19 a pandemic, Acta bio-medica : Atenei Parmensis. Available at: https://pubmed. ncbi. nlm. nih. gov/32191675/ (Accessed: 17 August 2023). 33 What is Janata Curfew: A curfew of the people, by the people, for the people to fight coronavirus (2020) India Today. Available at: https://www. indiatoday. in/india/story/janata-curfew-to-fight-coronavirus-pm-modi-urgescitizens-to-stay-off-roads-from-7-am-to-9-pm-on-sunday-1657581-2020-03-19 (Accessed: 17 August 2023). 34 Hebbar, N. (2021) PM Modi announces 21-day lockdown as covid-19 toll touches 12, The Hindu. Available at: https://www. thehindu. com/news/national/pm-announces-21-day-lockdown-as-covid-19-toll-touches- 10/article61958513. ece (Accessed: 18 August 2023).
35 Why India’s lockdown has been a spectacular failure The Wire. Available at
https://thewire. in/government/india-covid-19-lockdown-failure (Accessed: 17 August 2023). 36Migrator The paradox of centralised federalism, Deccan Herald. Available at: https://www. deccanherald. com/opinion/the-paradox-of-centralised-federalism-981404. html (Accessed: 17 August 2023). nationwide lockdown without any planning was recklessness on the part of the central government. 37 After 68 days of nationwide lockdown, the centre allowed states to reopen in different phases, here although the action that ultimately allowed states to reopen the non-contaminated areas38 can be regarded as a good step. As the lockdown will be imposed now on the basis of empirical tests that have some credibility and this shows some planning and strategy of the centre. That was required to be there initially. A similar mistake was repeated while taking the decision for vaccination.
Here the vaccination drive should be centralized. On the contrary, the prime minister explained why the central government has from May 1 has changed the vaccination policy, wherein, it is mentioned that now it will be decentralized. PM explained that “autonomy should be given to the states, as health is a state subject” so now the question is arising why is only the centre enjoying the authority to direct why not the state? ” 39 But the question is why the same logic hasn’t been applied by the centre while imposing lockdown in the country. If that time the authority was given to the states and local authorities to use lockdown in their respective areas with proper planning, the centre was merely providing the guidelines, then the loss suffered during covid could be controlled.
Now, when we have proper treatment of disease the central government rather than taking the lead by making this procedure centralized, increasing the production and procuring vaccines from foreign, is reminding the states about their duties. The centre in this condition would have done better as it is equipped with all resources. The Centre has muddled the whole procedure resulting in a disturbed vaccination supply and continuous running out of stock, price change problems, etc40.
37 Why India’s lockdown has been a spectacular failure The Wire. Available at
https://thewire.in/government/india-covid-19-lockdown-failure (Accessed: 17 August 2023).
38 After covid-19 lockdown, plan to unlock India in phases (2020) Hindustan Times. Available at:
https://www.hindustantimes.com/india-news/after-lockdown-plan-to-unlock-india-in-phases/storyvsK1wGQ7moLTMjlKkUelHP.html (Accessed: 17 August 2023). 39 PM Modi explains why centre changed covid-19 vaccine policy in May (2021) India Today. Available at: https://www.indiatoday.in/coronavirus-outbreak/story/why-central-government-changed-covid-vaccine-policyin-may-1811994-2021-06-07 (Accessed: 17 August 2023).
40 Migrator The paradox of centralised federalism, Deccan Herald. Available at
https://www.deccanherald.com/opinion/the-paradox-of-centralised-federalism-981404.html (Accessed: 17 August 2023).
2. Measures taken by other countries with true federalism against covid 19 (failure
due to lack of centre interference) In the American constitution, each state is vested with similar powers where they have the authority to take the decision on their own. 41 Such a system resulted in failure as every state is independent, therefore there is no centralized authority responsible and due to such fragmentation in the system, decisions with cooperation cannot be taken. President Trump was criticized for his decentralized policy. Moreover, it is considered that for the 1st time, any president has allowed a decentralized approach to such a national-level problem. As per public administrative scholars, the president has the extensive power to deal with such havoc and he has the responsibility to do the same.
42 As a result of constitutional dualism, in a federal structure the states don’t have the power to reopen or close down the schools and individual mask-wearing outside the federal property but that power was truly vested with the centre that could be used, even former state commissioner of USA has heavily criticized the system of decentralization in the USA in this situation. Some incorrect state decision proves the credibility of these accusations for example allowing the annual bikers rally of around 250,000 bikers in South Dakota, and at the same time, 40 million Californians were living with state mandatory mask order after a sudden surge in cases of covid 19. Moreover, in the U. S. there are 3141 counties and some of them are not even equipped with healthcare facilities, there is an overlap between the authority of counties and cities.
That’s why independent decision-making is just resulting in failure. 43 Suggestions to prevent upcoming mishaps By analyzing the whole issue and the government's response to it can be construed that neither true federalism (assigns immense power to the states and allows lack of central government 41 Cigler, B. A. (2021) Fighting covid-19 in the United States with federalism and other constitutional and statutory authority, Publius. Available at: https://www. ncbi. nlm. nih. gov/pmc/articles/PMC8385796/#:~:text=In%20assessing%20the%20poor%20perfor mance,policy%2Dmaking%2C%20and%20implementation (Accessed: 17 August 2023). 42 Cigler, B. A. (2021a) Fighting covid-19 in the United States with federalism and other constitutional and statutory authority, Publius. Available at: https://www. ncbi. nlm. nih.
gov/pmc/articles/PMC8385796/#:~:text=In%20assessing%20the%20poor%20perfor mance,policy%2Dmaking%2C%20and%20implementation (Accessed: 17 August 2023).
43 Altman, D. (2020) Understanding the US failure on coronavirus-an essay by Drew Altman, The BMJ.
Available at: https://www. bmj. com/content/370/bmj. m3417 (Accessed: 17 August 2023). interference resulting in the true failure of the system as the interest of state and lack of resources creates problem) nor the system of centralizing tendency would help (as India because of reckless decisions taken by centre suffered a lot of hues and cry at ground level (migrant problem) and at national level (fall in GDP)). But only informed and planned decisionmaking can help to fight against such diseases. India should learn from this pandemic and should apply certain measures to prevent the failure of the system in the future.
Recommendations that if implemented then might result in the successful prevention of such problems that might result in alleviating the effect and controlling the spread of diseases and nationwide problems like covid 19 are as follows: Our system requires cooperation for pan-India problems between the centre and the union that should be in a way wherein the centre is required to take all decisions through a proper discussion with the states. The situations where resources are required like the manufacturing of vaccines, certain matters should be centralized as the central government has significant resources and funds. Additionally, provisions enumerated in our constitution should be wisely used where the central government power has an overriding effect on the state’s power. For instance, article
249 allows Rajya Sabha to pass a resolution and to allow parliament to legislate. This provision
can be used during such a situation as ultimately every state will going to affect, so till the time all states one after other passes a law to deal with the situation, the parliament can directly legislate and make laws for the whole country. 44 Prior to any decision being taken by the centre, it should always make proper planning in which states should have a say, as the lack of planning during covid resulted in the suffering of our countrymen. Prior to any step that is being taken where the whole country or state is going to be affected, the need for decentralisation or centralisation should be judged, it should be checked whether the problem can be alleviated through delegating power to local authorities.
The need for such an analysis was felt covid if countries has wisely applied the measures and properly looked at the ground-level condition and do have provided some powers to take the administrative
44 INDIA CONST. art. 249
decision to the local authorities then the government would come to know that there was no need to lock the whole nation. 45 Although it will be incorrect to say that there was no authority given to states during the pandemic or there was no call for state cooperation by the prime minister. 46 But the criticism is for the timing of measures. Moreover, the decision as to when to centralize and when to decentralize was taken by the centre only, without state participation. The time when the centralization of vaccines should be there, government was decentralizing it and giving authority to the state to handle the matter at their level. When decentralization was required at the time of imposing lockdown, the government was centralizing it but decentralized to unlock till when a lot has been lost.
47 Currently, in our constitution, We have a mechanism by virtue of Article 263 of the Indian constitution that allows the formation of an inter-state council at the discretion of the president48 which would if working properly then might be able to generate a proper discussion between the government at central and state levels. Unfortunately, as a result of the malfunctioning of such organizations, the only hope for coordination that is created by the constitution is not there. The optional nature of formation is also one of the reasons for such a problem. Although BJP in its election campaign of 2014 and 2019 has vehemently proposed this yet we don’t have a proper council. The need in the current situation is to make them work actively.
49 Conclusively, it can be construed that to deal with such problems we need cooperation, coordination, proper discussion, proper planning, complete knowledge, and recurring test drives to know the condition at ground level, so that in the future when such disaster will knock our doors then rather than making a hasty, reckless decision, we make a wise decision and do
45 Why India’s lockdown has been a spectacular failure The Wire. Available at
https://thewire.in/government/india-covid-19-lockdown-failure (Accessed: 17 August 2023).
46 Bureau, T.H. (2022) PM Modi lauds states for cooperative federalism in Covid-19 Fight, The Hindu.
Available at: https://www.thehindu.com/news/national/pm-modi-lauds-states-for-cooperative-federalism-incovid-19-fight/article65741490.ece (Accessed: 17 August 2023).
47 Why India’s lockdown has been a spectacular failure The Wire. Available at
https://thewire.in/government/india-covid-19-lockdown-failure (Accessed: 17 August 2023). 48INDIA CONST. art. 263
49 Migrator It’s time to rejuvenate inter-state council, Deccan Herald. Available at
https://www.deccanherald.com/opinion/main-article/it-s-time-to-rejuvenate-inter-state-council-1156236.html (Accessed: 17 August 2023). capacity building. Here the cooperation of different administrative machinery is required. Although the centre should take the lead but states should be accompanied.