GS2 PYQ (Mains Answer Writing): Disaster Management Act 2005, Farm Laws 2021 | Indian Polity for UPSC CSE PDF Download

Indian constitution exhibits centralizing 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 GS2 Mains)

Centralizing tendencies which have been inculcated in Indian constitution due to pre-independence imperial legislation which started with Regulating Act of 1774. In accordance with current political setup, Sir Ivor Jennings believed India to be a “federation with strong centralizing tendencies”. Use of Disaster Management Act of 2005 and overriding the provisions of the Epidemic Diseases Act, 1897 variably by central government during COVID-19 pandemic has reflected the centralizing powers of Indian federation. Further, despite agriculture being a state subject, formulation of farm laws via subsidiary route also undermined the role of state government.
The Disaster Management Act 2005 Vs Epidemic Diseases Act, 1897 

• It provides for better prevention of the spread of dangerous epidemic diseases where the state governments have the prerogative over central government. 
• It provides powers to the state governments to prescribe regulations regarding any person or group of people to contain the spread of COVID-19. 
• However, central government used the Disaster Management Act 2005 to regulate and manage COVID- 19 pandemic, diluting the provisions of the Disaster Management Act 2005. 
• The main motive of overriding state’s jurisdiction was to act swiftly and promptly during the event of COVID-19 like disaster. 
• But, the action underlined the centralization of powers in Indian democratic setup Agriculture reforms: 
• Overriding state’s jurisdiction 
• Central government made three farm laws by promulgating ordinances. However agriculture is a subject under state list. 
• It brought following bill through ordinance under article 123 the constitution: – The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020, – The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Bill, 2020, and – The Essential Commodities (Amendment) Bill, 2020 
• However, centre did not bring the Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020 under subject mentioned under state list but under the subject ‘Agriculture Marketing’ which has not been mentioned in any of the list of the constitution. 
• According to Article 248 in Part XI of the constitution the Centre has power to legislate on any item which is not mentioned in any of the three lists. 
• Further, for the Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Bill, 2020, the government has not clarified about the provisions of the constitution under which it has brought. 
• Further, entry 33 under concurrent list provides for both the state and the Union government to legislate regarding production, trade, supply and distribution of a range of foodstuffs and agricultural raw materials. 
• Entry 34 under it mandates central government to legislate in matters of price control, under which it brought ‘The Essential Commodities (Amendment) Bill, 2020. 
• Although, the central government has brought the three farm bills in accordance with constitutional provisions but are directly and indirectly related to agriculture which is subject under state list of the constitution. Maintaining unity and integrity of the nation 
• Although both actions of the Central government signified the centralizing tendency of Indian federation, it has also showcased pan Indian unified effort to fight pandemic. 
• Further, ‘One India, One Agriculture Market’, which has been envisaged in the farm will unify the agriculture sector of a country like India where more than 60% of the population is directly or indirectly dependent on agriculture. 

Conclusion 
In both of the above cases, central government has exercised powers under its jurisdiction but the presence of both subjects in state’s jurisdiction underlines the fact that despite willingness to legislate or act on particular subject matter, the state’s role has been limited. It justifies the centralizing power of the Indian federation underlining a strong centre with states. Further, this centralized laws help in maintaining ‘Unity in diversity’ of Indian Fedration.

Topics covered - National Disaster Management Act 2005, Federalism in India