Question

the division of subjects in the union list state list and concurrent list has made the central government dominant over the states in every respect justify the statement by giving special reference to P.M. NARENDRA MODI​

Answer 1

Answer:

On March 24, 2020, Prime Minister Narendra Modi announced a nation-wide lockdown, from Mar. 25, 2020 to Apr. 14, 2020. The announcement came in the backdrop of the Covid-19 outbreak and is intended to enable the concept of “social distancing” to contain the spread of the virus. Additionally, the central government also found that consistency in the application and implementation of various measures across the country has become necessary to ensure maintenance of essential services and supplies.

The Ministry of Home Affairs invoked Section 6 (2)(i) of the Disaster Management Act, 2005, and issued an order on Mar. 24, 2020, directing the ministries or departments of Government of India, state and union territory governments and authorities to implement the measures laid down in the central order. The measures restrict residents’ movement outside of their homes and orders a closure of all offices, factories and shops, except those considered as essential goods and services.

While the move has been lauded by many, there has been some debate in the legal circles about the powers of the central government to pass an order of such a nature under the DMA, 2005 and whether the centre has overstepped state governments’ authority, since law and order and public health are state subjects under the Indian Constitution. This article analyses the constitutional framework on the division of powers between the centre and the state to highlight the legal framework behind the central government’s order and why it is constitutionally valid.

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