While some states including Karnataka, Orissa, Punjab, and Rajasthan have extended the lockdown in the states, the center is yet to formally announce the extension although it seems likely. In that case, how different will be the center’s lockdown in these states? What is the difference between a center’s lockdown and a state’s lockdown?
State’s Lockdown
According to the Indian Constitution, the issue of public law and order and health comes under the powers of the state government i.e. the state is granted the authority of taking decisions in the matters pertaining to these two departments. Along with this, the state can invoke the Epidemic Diseases Act of 1897 which most states have already invoked. Under this, the state has the powers to impose a lockdown and temporarily pass regulations to contain the spread of the disease and the outbreak. The states that have announced the extension of the lockdown has announced under these powers.
Center’s Lockdown
The Center’s lockdown is usually imposed to maintain the uniformity of the rules throughout the country. When the center announced a lockdown on the 24th of March, it cited ‘lack of uniformity in the measures adopted by states as well as their implementation’ as a reason. The center’s lockdown was ordered through the National Disaster Management Authority (NDMA) which is headed by the Prime Minister. It comes under section 6(2)(i) of the Disaster Management Act of 2005. In compliance with the NDMA’s order, the Union Home Ministry issued the order of the 21-day lockdown under section 10(2)(I) of the Disaster Management Act. If the center specifically orders the extension of the lockdown in the coming days, it will be along similar lines.
What happens to the already imposed lockdown by the state?
If the center orders fresh instructions for the long down after the state’s lockdown, can the state defy the center’s order? It cannot. Even though the Indian Constitution grants the federal system, the center always has an upper hand ensuring its orders are imposed. Article 254 of the Indian Constitution says that in case of inconsistency between a law made by the Parliament and a law made by the Legislative Assembly, the ones made by the center prevails. Along with this, the President also has special powers to make the state fall in line of the center.
So, despite these states already announcing the lockdown, the center’s instruction in the coming days is what stands further. Although, it is highly unlikely that there will be any inconsistency.
