coronavirus bring focus on division of power between the centre and state write down the power of Central Government of India to ensure the central and management of epidermis in India and its impact on state government in A4 sheet paper
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In India, there still exists a conundrum over the division of powers between the Centre and states to fight the pandemic. Several experts want an over-arching central law to deal with similar situations in a quasi-federal democracy where fragmented laws don’t demarcate the roles of the two
Explanation:
- The Ministry of Health has "introduced" the draft Bill for public health ("Prevention, "Epidemic Control", Bio-Terrorism & Disaster Management") for discussion some three years back. The Bill referred to the "States & Center's "role & responsibilities in the case of a "medical emergency". But the Bill never saw the daylight.
- The state list (List II of the Legislative Powers) includes issues relating to public order & health in accordance with "Article 246" of the Constitution". The Central Govt had referred to the "Act of 1897" (ED Act) and the ""Act of 2005 (DM Act), in order to handle the rapidly spreading pandemic. It then declared a state wide ""coronavirus spread lockdown using the "provisions of the Disaster Management (DM) Act". It was also reported by the Commission.
- When the virus is spreading rapidly throughout the nation, several experts have called for an emergency, that can empower the Center. This measure, however, would have been challenged by implementation. "A health emergency at such a large scale of that too in nation like India has no direct reference in the Constitution. However, Article 256 applies once central law becomes applicable. This provision says that States should abide by central .
- The Center announced the pandemic a 'notified disaster' while applying the DM Act provisions. The DM Act says that the Center can "take all those measures which it sees fit". The ""DM Act provides for sharing of "power &responsibilities" between the Center & the States. "The DM law sets minimum requirements with the National Disaster Plan and States may offer additional relief if they so wish. For example, the Centre has recently issued a notice requesting that States refrain from purchasing equipment, masks, ventilators to protect themselves. The states in turn ensures more effective distribution of the material provided by the Center.
- Despite their different opinions, the Epidemic Diseases Act, 1897 (ED Act) seems to be the only law that specifically addresses these situations. The Act provided the Centre with only "ancillary powers" & emphasized the States in dealing with health crises.
- The draft public health bill was to abrogate the ED Act in recognition of this. "But for unknown reasons, this did not happen," he added. This Bill set clear limits and specified individual powers for State administrations, Union Territories, the Center and even local authorities. It also provided for a provision addressing the power of the Center to replace the State. Experts feel that when the worst "pandemic is over", Parliament can carefully consider this bill to establish a proper protocol for addressing a public health emergency between the center and countries.
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