Question

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​

Answer 1

1. yeah it's true because it is a pandemic

Answer 2

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 produced the draft Bill for public health ("Prevention, Epidemic Control, Bio-Terrorism and 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 includes issues relating to public order & health in accordance with "Article 246" of the Constitution". The Central Govt resorted 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 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 emergencies of the nature of India currently undergoes 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' to remedy the problem while applying the DM Act provisions. The DM Act says that the Center can "take all those measures which it sees fit" which allows for it near-sweeping powers. 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 — States may offer additional relief if they so wish. The reality on the ground, nevertheless, apears different from this pandemic. For example, the Centre has recently issued a notice requesting that States refrain from purchasing equipment,  masks, ventilators to protect themselves. The states has to only enable 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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