covid 19 disaster management by government
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Answers
Cases of Covid-19 first emerged in late 2019, when a mysterious illness was reported in Wuhan, China. The cause of the disease was soon confirmed as a new kind of coronavirus, and the infection has since spread to many countries around the world and become a pandemic.
India’s response to Covid-19 has been large in scale, and far-reaching. The country is, at present, under “lockdown”, with a near-complete restriction upon the movement of people, the closure of all establishments except those providing “essential services”, and the regular “sealing” of neighbourhoods and areas that are suspected to be Covid-19 hotspots. To understand the legal framework underpinning all of this, it is important to first note that India is a federal republic, with a parliamentary democracy that operates under the framework of a written Constitution, and whose Courts formally exercise powers of judicial review over legislative and executive action. The response to Covid-19, therefore, involves multiple levels of government, and multiple institutional actors.The Indian State’s response – at all levels – to the Covid-19 pandemic reveals a stark truth: in India, at this point, it is not necessary for the executive branch to declare a formal Emergency in order to appropriate vast powers to itself. Under existing laws – some of them of colonial vintage, and some more recent – wide and vaguely-worded clauses have allowed governments at both the state and the central level to assume such powers (in the case of the central government, this has even involved the power to override the federal distribution of power). Because these powers have formal statutory backing (in the shape of the umbrella laws discussed above), Parliament (the deliberative organ is bypassed); and the Courts, while continuing to function at limited capacity, do not – at present – seem willing or able to subject the State’s action to rigorous judicial review.
Going forward, thus – and beyond Covid-19 – the task of civil rights and democracy activists in India appears to be twofold: focusing on narrowing the scope of umbrella legislation that effectively authorizes rule by decree without the legal safeguards and political responsibilities of an Emergency declaration; and on articulating and contributing to a legal culture aimed at restoring strong judicial review over executive action purportedly for the greater public good.
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