Centre And State Relationship In View Of Covid-19

The world today is going through a very onerous situation due to the sudden outbreak of the NOVEL CORONAVIRUS. The sudden outbreak has shaken the global anxiety that it is spreading too fast and too far. The World Health Organization has declared the deadly Coronavirus outbreak a Pandemic, as the virus is spreading all over the Countries. The Deadly virus has not only disorganized social life but also on the Economy of the state. Every state is struggling very hard to defeat and overcome this situation. In this Article the Author aims to discuss the effects of lockdown on the economy and how the Centre and the State governments are defeating this invisible enemy.

IS THE CENTRAL GOVERNMENT CORONAVIRUS LOCKDOWN CONSTITUTIONALY VALID?

On 24^th March 2020, the Prime Minister of India Mr. Narendra Modi has announced 21 days Lockdown National wide from 25^th March 2020- 14^th April 2020. The lockdown order was issued due to the sudden outbreak of Novel Coronal virus [here in after mentioned as Covid-19] by enabling the abstractions of Social-distancing to control the spread of Covid-19. The Central Government has also issued orders to states to look into the matters of Public Health, Safety and Sanitation, Maintenance of essential services and supplies which has to be regarded as the Need of the Hour.

The Central government has issued the GO for Lockdown by Invoking Section- 6 of the Disaster Management Act, 2005 on 24^th March. The Order has directed the State Authorities to follow the safety measures and precautions laid down in the Act.

The Order for National wide lockdown was questioned by many experts, whose contention was Whether the Central Government has invaded into the state Governments Authority, since the matters like Public safety; health and sanitation are State subjects under the Indian Constitution.

The concept of Division of Power under Indian Constitution: The distribution of Powers is an essential feature of Federalism. The object for which a state is formed involves a division of authority between the central and the state governments. The tendency of Federalism is to limit on every side of the action of Government and to split up the strength of the state among coordinate and independent authorities is especially noticeable because, it forms the essential distinction between a federal and unitary system of government. The constitution of India makes two fold distributions of legislative powers:  1. With respect to territory.  2. With respect to subject matter.

Article 245: Provides that the subject to the provisions of this constitution, Parliament may make laws for the whole or any part of the territory of India. And a law made by the Parliament shall not be deemed to be invalid on the ground that it has extra-territorial operations i.e. takes effect outside the territory of India.

Article 246: Parliament has exclusive power to make laws with respect to any of the matter enumerated in list-1 in the Seventh Schedule [in the Constitution of India]. Therefore the Legislative Subjects are distributed into three Lists: Union; State; Concurrent List. The Union List consists of 97 subjects and they are of National importance. The State List consists of 66 subjects and they are of Local importance, such as Public Health; Safety and Sanitation. The Concurrent List consists of 47 subjects. Both the centre and state can make laws on the subjects mentioned in the concurrent list. But in case of conflict between the centre and the state law on concurrent subjects, the central law will prevail. The concurrent list thus, is a Twilight Zone, as it were, for both the Union and the states are competent to legislate in this field, without coming into conflict.

Hence as the above statement clearly describes that the state government has power to deal with the matters that are related to public health and sanitation, which is listed in Entry 1 and 6 of the state list. However, Entry 29 of the Concurrent list empowers both the central and state government to make laws that are pertaining to the prevention of an Infectious disease that may spread from one state to another state.

Hence, the Order which was passed by the central government for Nation-wide lockdown has binding force on all the states, and it is constitutionally valid.

COOPERATIVE FEDERALISM AND COVID- 19:

The Global Pandemic is now threatening all the countries including the medically developed and the rich. India is also among them, which is fighting against this invisible enemy. After India has witnessed the first case of corona virus, before the Centre could act upon it, the state governments had issued orders for lockdown and sealed their local boarders. The state government [like Telangana] invoked Section-2 of the Epidemic Disease Act, 1897. The Act gives powers to the Authority that at any time the state government is satisfied that any part is visited by or threatened with an outbreak of any dangerous epidemic disease [like Novel corona virus in this case] and is of the opinion that the ordinary existing provisions are insufficient, can issues orders for Lockdown within the state boundaries.

How did the centre and state joined together in this covid-19 crisis? As we all now, India is a federal state, where the powers are divided between the centre and the state governments. The sudden outbreak vindicates the flexible nature of co-operative Federalism in India. Right now it is well known that the states have already issued orders for lockdown under the Epidemic Disease Act, 1897. Later on when the situation was not stable the central government on 24^th March issued order for Lockdown nation-wide under the Disaster Management Act, 2005. From this criteria we can say that when there is a situation arising which is of National interest, it is the Centre who has the power to make laws to overcome the situation. This could happen only through the concept of division of Powers, where the state and the central government have their own powers entrusted in the subjects. The concept of Public Health; Safety and Sanitation are both state and centre subjects enumerated in concurrent list. The central government is also directing the state authorities to restrict Mass gatherings and educational institutions to avoid the spread of the Virus.

The central Government is also providing financial assistance to states in view of releasing Funds, for providing Medical facilities to poor and look after them. As we all see that there is complete lockdown nation-wide and it is reported that more than 25% of the population is not getting paid during this pandemic period, the central government had announced some relief from GST perspective as well. The central Government had ordered the Authorities to look after their employees and pay them at least 70% of their salaries as they are working from their homes.  The farmers of the nation are at huge loss because of the closed markets, there are unable to sell their produce. The Central government has released funds to provide the Kisan minimum wage i.e. transferring a sum of Rs.6000 to their accounts in three installments. And ensure that the produced crop will not be thrashed.

Coming to the matters of the Migrants, every day we hear news about how the migrants are suffering due to unemployment and lack of food and shelter. It is the duty of the state governments to take care of the migrants and their family members and provide them basic needs so that they are not forced to leave the place and suffer.

Through the above situations we can see that the centre- state relations are still stable, and one is directing the other in this crisis situation. Thus, from this inference the author aims to ascertain that even in Covid-19 crisis the concept of Co-operative Federalism exists in India. 

The author also express that this is not a National emergency in India. The proclamation of Emergency can be made if the President is satisfied that there is imminent danger of war or external aggression or armed rebellion. Thus, this Pandemic is not a war or external aggression and the powers are still divided between the centre and the state.

SOME AMENDEMTS MADE INVIEW OF COVID-19:

1. THE EPIDEMIC DISEASE [AMENDMENT ] ORDINANCE, 2020:
2. On 22^nd April, 2020 the Central Government issued the Epidemic disease [Amendment] Ordinance, 2020. It addresses incident of violence against health workers and damage to the property of clinical establishments. This ordinance is being promulgated by the centre in response of Covid-19. Today penalties for causing damage to property or committing acts of violence against an individual are covered under the Indian Penal Code. The Ordinance makes acts of violence against any health worker a punishable offence during the epidemic.
3. The Ordinance defines Violence as: Harassment impacting living or working conditions and discharge of duties, harm, injury, hurt, intimidation or danger to life, loss or damage to property or documents or obstruction or hindrance to discharge of duties. 
4. The person who commits such violence can be sent to jail for a period between three months and five years. They can also be fined between 50,000 to 200,000. For violence which leads to permanent damage of another individual, that is causes grievous harm, the offender can face a minimum imprisonment for a period of seven years with a fine of Rs. 100000 to Rs. 500000.
5. The Ordinance further specifies that in case of damage to property an additional compensation of twice the fair market value of the damaged property will have to be paid. In case of non-payment of compensation, the amount may be recovered under the Revenue Recovery Act, 1890.
6. A draft bill prohibiting acts of violence against health workers was released in September 2019. It has the similar provisions and would apply regardless of an epidemic.
7. Karnataka also issued an ordinance on the same day as the centre to unify and consolidate laws related to the regulations and prevention of epidemic diseases in the state.
8. It also contains penalties for those hindering the work of public servants including health workers.

• THE TAXATION AND OTHER LAWS [RELAXATION OF CERTAIN PROVISIONS] ORDINANCE, 2020:
• The Government has brought in an ordinance on 31^st March 2020, which provides for an extension of time limits under the Taxation and Benami Acts.
• The Ordinance includes the extended deadline for filing income tax, customs and central excise returns to help taxpayers tide over the coronavirus crisis.
• The Ordinance has also amended the provisions of the income-tax to provide the same tax treatment to the Prime Minister’s Citizen Assistance and Relief in Emergency Situation Fund [PM-CARES fund] as available to the Prime Minister’s National Relief Fund [PMNRF]
• The Government has set up the PM-CARES fund to deal with any kind of emergency or distress situation like posed by the Covid-19 Pandemic.
• FINANCIAL AID:

The Finance Ministry on 26^th March, released a package of Rs.1.7 lakh crore under Pradhan Mantri Garib Kalyan Yojana for migrant workers and urban and rural poor. It is an economic help package announced by the Union Finance Minister Nirmala Sitharaman for the 80 crore poor people across the country for the next three months. The package provides for dry ration to poor family free of cost every month for the next three months. Women under this package will get Rs.500 per month between April-July. 

THE CLASSIFICATION OF ZONES

 In order to deal with the situation arising out of the spread of corona virus color coding of the districts is being done by the government. The government has classified the country’s districts in three zones: Red, Orange, Green based on the severity of outbreak and the number of cases in the area.

The centre has directed states to declare districts with higher number of cases as HOTSPOTS which are the red zones. Those with lesser number of cases as NON-HOTSPOTS or orange zones and those which have reported no cases as green zones. Green zones are the district with zero confirmed cases or no confirmed cases.

Districts classified either as Red or Orange zones, have one or more Municipal Corporation areas. In such cases states/union territories and district administration may make an assessment of the distribution of cases- with the jurisdiction of Municipal Corporation and the area falling outside its boundaries.

Containment zones to be demarcated within red and orange zones by states/union territories and district Administration based on the Guidelines of the Ministry of Health and Family Welfare.

CONCLUSION:

From the above-mentioned schemes and ordinances we can understand that the union government is putting a lot of effort to help the poor and the needy in this Pandemic crisis. The union government with the help of the state governments is supervising every issue, and ensuring that during this period of pandemic one cannot face any kind of economic obstacle. The union and the state governments are working together without overriding the concept of cooperative federalism. The only aim of the Union and the state governments at this point is to defeat this epidemic and overcome this Pandemic crisis. 

AUTHOR- LINGAMPALLY MOUNIKA, (5YDC) Pendekanti Law college, Hyderabad.