UPSC Mains Answer: Indian Constitution exhibits centralising tendencies to maintain unity and integrity of the nation. Elucidate in the perspective of the Epidemic Diseases Act, 1897; The Disaster Management Act, 2005 and recently passed Farm Acts.

Difficulty Level: Hard

Sub-category: Polity: Indian Constitution and Federalism

Introduction

The Indian Constitution, while federal in structure, incorporates several centralising provisions to ensure national unity and integrity. This centralising tendency is evident in legislative and executive domains, particularly during crises or when uniformity is essential. The Epidemic Diseases Act, 1897, the Disaster Management Act, 2005, and the recently enacted Farm Acts exemplify this dynamic, reflecting the balance between federalism and centralisation.

Body

Epidemic Diseases Act, 1897

Enacted during British rule, this Act grants sweeping powers to the central government to regulate the spread of epidemics. Under Entry 29 of the Concurrent List, both Centre and states can legislate on public health, but the Act’s provisions tilt authority toward the Centre, especially during emergencies. For instance, during the COVID-19 pandemic, the Centre invoked the Act to impose nationwide lockdowns, overriding state-specific concerns and showcasing centralising tendencies.

Disaster Management Act, 2005

This Act establishes a hierarchical framework with the National Disaster Management Authority (NDMA) at its apex, chaired by the Prime Minister. It empowers the Centre to override state decisions during disasters, as seen during floods or cyclones. The Act’s provisions, such as the formation of the National Disaster Response Force (NDRF), centralise resource allocation and coordination, often at the expense of state autonomy.

Farm Acts, 2020

The three Farm Acts—Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, and Essential Commodities (Amendment) Act—were passed under Entry 33 of the Concurrent List. While agriculture is a state subject, the Centre justified its intervention under the guise of national market integration. However, the Acts sparked protests, as states argued they infringed upon their legislative domain, highlighting the tension between centralisation and federalism.

Constitutional Provisions

Articles 249, 250, and 252 empower the Centre to legislate on state subjects during emergencies or with state consent. Additionally, Article 356 (President’s Rule) and the Seventh Schedule’s Union and Concurrent Lists further centralise authority. These provisions, while ensuring uniformity, often dilute state autonomy, reinforcing the Constitution’s centralising tendencies.

Conclusion

The Indian Constitution’s centralising tendencies, as reflected in the Epidemic Diseases Act, Disaster Management Act, and Farm Acts, are designed to preserve national unity and integrity. However, these measures must be balanced with cooperative federalism to address regional disparities and state concerns. Strengthening institutional mechanisms for Centre-state dialogue can mitigate conflicts while upholding the nation’s cohesive framework.