: Phase 1 to 2:Â India is moving from a top-down national lockdown to coordinated state restrictions #IndiaNEWS On March 24, the Modi government announced a 21-day nation-wide lockdown in order to combat

Phase 1 to 2:Â India is moving from a top-down national lockdown to coordinated state restrictions #IndiaNEWS
On March 24, the Modi government announced a 21-day nation-wide lockdown in order to combat Covid-19.Not only was this measure drastic in scope, it was legally unprecedented.The Modi government had chosen an unusual legal path to derive its power to call for such a measure: the Disaster Management Act. But there were significant problems with this approach, as Scroll.in reported at the time.Blunt instrumentFor one, the act was meant for localised, natural disasters not a health emergency caused by an infectious disease. (For this, a specific legislation already existed: the Epidemic Disease Act of 1897). Second, the power to implement lockdowns â€“ health and law and order â€“ were explicitly marked to the states in Indiaâ€™s 1950 Constitution. How then did New Delhi appropriate this power?To get around this, the legal provision under which the Union has applied the Disaster Management Act has legally got nothing to do with disease at all â€“ in has instead been activated under the head of â€œsocial security and social insurance; employment and unemploymentâ€?.To make matters even more complicated, the Union government had not discussed the lockdown with the states. This despite the fact that it was the states that had to actually implement it once the Union government had made the announcement.At the time,...Read more

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