Copyright (c) 2021 Raju darla
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
COVID-19 Pandemic and Drawing Lessons for Future Crises to Indian Federalism
Corresponding Author(s) : Raju darla
International Journal of Allied Medical Sciences and Clinical Research,
Vol. 9 No. 2 (2021): 2021 Volume - 9 Issue - 2
Abstract
In the past year-and-a-half, the COVID-19 pandemic has laid bare the strengths and weaknesses of all forms of political systems and structures: democratic and authoritarian; unitary and federal; and every model in-between. This paper focuses on federalism. Given the diffused and decentralised overall pathway followed by a federal structure of government, there were legitimate concerns over how countries with such a system could handle a rapidly spreading pandemic of a highly infectious disease. It acquired a serious tone when the pandemic began exposing the vulnerabilities of the United States (US), a federal country that has what is generally presumed to be an advanced healthcare system that will be able to withstand such an emergency. Analysts raised concerns about what they said were the inherent disadvantages of a federal political system against a pandemic that requires rapid and unitary response.Indeed, political analysts in the US started calling on the government to abandon the rigid dual federal system where health is an exclusive domain of states and local governments. Observers contrasted the US’s early experience against China’s swift response in Wuhan, as proof of the efficacy of a centralised response.
Keywords
COVID-19 pandemic
democratic and authoritarian
healthcare system and federalism
References
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[47] While the COVID-19 pandemic with its pan-India nature witnessed a centralised and swiftly
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[62] See “Delhi hospitals gasp as Haryana refuses to share oxygen, then Centre steps in to resolve row”,
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[63] Varinder Bhatia and Mallika Joshi, “Oxygen Politics between Delhi, Haryana and UP”, The Indian
Express, April 21, 2021.
[64] Report by Bhavna-Vij Arora, “As Covid Situation Worsens, Centre Tries To Shift Blame On States”,
Outlook, April 22, 2021.
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Quint, June 9, 2021.
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[68]Many state governments vocal about the Centre’s inefficiency in the process as the cases surged, were found lagged in taking early stock of the situation on ground in their states and warning the Centre of the crisis and putting pressure on it for vaccines at the early stage of the process. SeeHarish Pullanor, “Hollow, Without Substance: Mamata Banerjee On New Central Vaccine Norms”, Hindustan Times, April 20, 2021.
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[72]See Niranjan Sahoo, “Panchayats and pandemic”, ORF Expert Speak, 25 April, 2020.
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[73] Rachita Vora, “COVID-19 and lessons from Kerala”, IDR, 1 April 2020.
[74]Niranjan Sahoo, “Panchayats and pandemic”
[75] A congested area, within a 3-km radius in Lohamandi of Agra, was cordoned off immediately after the positive reports arrived at 2 am, and 1,248 teams carried out intensive contact tracing over 1,65,000
households.
[76] “Dharavi’s unexpected Covid success story has lessons for Delhi, other crowded cities”, The Print, 15 July, 2020.
[77] Kumar Kunal and Pankaj Upadhyay, “Explainer | A Tale of Two Cities: As Delhi drowns in Covid, Mumbai winning its fight”, India Today, 19 November, 2020.
[78] Sonam Saigal, “Beating back the pandemic in Mumbai”, The Hindu, May 15, 2021.
[79] For example, the US management of Covid-19 suffered in the initial waves as the federal leadership under a populist and ineffectual President Donald Trump never took the threats seriously. His leadership has an impact on many states in the US which played the waiting game on pandemic and never took the crisis head on. See Brian J Gerber and Malanie Gall, “One month in, how Biden has changed disaster management and the US Covid-19 response”, The Conversation, February 19, 2021.
[80] For a detailed analysis on this, see Niranjan Sahoo, “India and Australia’s federal systems have responded fairly well to COVID-19. But the US system hasn’t”, Melbourne Asia Review, July 2020.
[81] Rakesh Sood, “Chronicle of a tragedy foretold”, ORF Expert Speak, May 2, 2021.
[82]Yamini Aiyar and Mekhala Krishnamurthy, “Covid-19: Centre and states must work together”, , Hindustan Times, April 1, 2020.
[83] Manish Tewari, “India’s Fight against Health emergencies: In search of a legal architecture”, ORF Issue Brief, March, 2020.
[84] Himani Bhandari, “25 arrests in Delhi over posters criticising Modi’s vaccine policy”, The Hindu, May 15, 2021.
[85] “UP: FIR filed against man who sought Twitter help for oxygen for grandfather”, Scroll, 28 April, 2021.
[86] “State must be circumspect in invoking sedition laws, says Punjab &Haryana HC; grants bail to
person arrested for anti-government posts on social media”, Leaflet, 3 November, 2020,
[87] “Supreme Court for review of sedition law’s limit”, Deccan Chronicle, June 1, 2021.
[88] Ramanan Laxminarayan, “What India Needs to Fight the Virus”, New York Times, March 27, 2020.
[89]Niranjan Sahoo, “India and Australia’s federal systems have responded fairly well to COVID-19. But the US system hasn’t”, Melbourne Asia Review, July 2020.
References
a] Sarpanch is the head of the Village Panchayat or Gram Sabha which is the constitutionally sanctioned Indian village-level local self-government’s governing body.
[1] Naoh Feldman, “U.S. Federalism isn’t Great at Handling Pandemics”, Bloomberg, March 19, 2020.
[2] See Jennifer Selin, “How the Constitution’s federalist framework is being tested by COVID-19”,
Brookings, June 8, 2020. See Ross. K. Baker, “Donald Trump’s laissez faire federalism is as toxic as COVID-19”, USA Today, July 14, 2020.
[3] Richard Perez-Pena, Virus hits Europe harder than China. Is that the price of an open society? New
York Times, March 19, 2020.
[4] Fabian Hattke and Helge Martin, Collective Action during Covid-19: A case of Germany’s Fragmented authority, Administrative Theory and Praxis, Routledge, 2020.
[5] David Alexander, “Disaster and emergency planning for preparedness, response, and recovery”. In
Oxford research encyclopedia of natural hazard science, Oxford: Oxford University Press, 2015.
[6] Jeffrey Gettleman and Kai Schultz, “Modi Orders 3-Week Total Lockdown for All 1.3 Billion Indians”, The New York Times, March 24, 2020.
[7] For an excellent summary of the chronology of lockdowns, see Jay Shah and Pradip Chouhan, Lockdown and Unlock for Covid-19 and associated residential mobility in India, International Journal of Infectious Disease, Vol.104, March 2021.
[8] Alison Rourke and Helen Sullivan, “Global report: India overtakes Brazil as second most Covidinfected country”, The Guardian, September 7, 2020.
[9] R. Prasad, Coronavirus: Is the first wave coming to an end? The Hindu, December 26, 2020.
[10] “India’s Covid-19 cases per million population among lowest in the world: Health Ministry”, Times of India, September 8, 2020.
[11] “Masks, distancing, demography: The mystery behind India’s declining Covid cases”, Times of India, February 6, 2021.
[12] See “PM Modi at Davos: Despite doomsday predictions, India defeated Covid and helped 150 other
countries”, India Today, January 28, 2021.
[13] “Covid variant accelerating India’s ‘explosive’ pandemic outbreak: WHO Top scientist”, Mint, May
9, 2021.
[14] Report by Vikas Pandey, “Covid-19 in India: Patients struggle at home as hospitals choke”, BBC, 26
April, 2021.
[15] Jeffrey Gentleman, Samir Yasir, Hari Kumar and Suhashin Raj, “As Covid devastates India, Deaths go Unaccounted,” The New York Times, April 24, 2021.
[16] Malancha Chakrabarty and Shoba Suri, “Winning the Covid-19 battle in Rural India: A Blueprint for
Action”, ORF Special Report, June 16, 2021.
[17] “Third wave could hit India by October: experts”, The Hindu, 18 June 2021.
[18] Paran Balakrishan, “The Second wave’s devastating blow”, The Businessline, May 12, 2021.
[19] Sanjoy Ghose and Rhishabh Jetley, “Does the Constitution Allow Modi to Declare a National
Emergency Over COVID-19?”, The Wire, March 23, 2020.
[20] There are 3 types of emergency provisions available in the constitution of India, viz national emergency (Article 352), financial emergency (Article 360) and state emergency (Article 256). But these provisions specifically deal with health emergency or epidemic as in the case of COVID-19.
[21] Kevin James, “Covid-19 and the need for Clear Centre-State Roles“, Vidhi Centre for Legal Policy, April 3, 2020.
[22] The Constitution mandates that in case of a deadlock between the Centre’s law and State law on any subject present in the Concurrent List, the Centre’s law will prevail.
[23] Pankhuri Agarwal, “COVID-19 and dwindling Indian federalism”, Economic and Political Weekly,
Volume 55, Issue No26-27, June 2020, https://www.epw.in/journal/2020/26-27/commentary/covid-19- and-dwindling-indian-federalism.html
[24] National Disaster Management Act, 2005
[25] The DMA under Section 3 constitutes the National Disaster Management Authority (NDMA) with the Prime Minister as ex officio chairperson and its nominees. Interestingly the powers and functions of the NDMA as provided under Section 6 are related with “laying down the policies, plans and guidelines for disaster management” along with the power under Section 6 (2)(i) to “take such other measures for the prevention of disaster, or the mitigation, or preparedness and capacity building for dealing with the threatening disaster situation or disaster as it may consider necessary.”
[26] Ameya Bokil and Nikita Sonavane, “Why relying on Criminal Law should not be the answer to the
pandemic?”, The Wire, April 11, 2020. https://thewire.in/law/criminal-law-coronavirus-pandemic
[27] The subjects which are not mentioned in any of the three lists in Schedule VII are called residuary
subjects and the Centre has the power to legislate on those subjects.
[28] Epidemic Disease Act, 1897
[29] The Epidemic Diseases Act (EDA), 1897 was framed “to provide for the better prevention of the spread of Dangerous Epidemic Diseases.” The EDA under Section 2 provides ample powers to the state governments “to take special measures and prescribe regulations as to dangerous epidemic disease,” which include “the inspection of persons … the segregation of persons suspected by the inspecting officer of being infected with any such disease.”
[30] See Nolan Pinto, “Karnataka govt invokes sections of Epidemic Diseases Act in form of Covid-19
rules, 2020”, India Today, March 11, 2020, https://www.indiatoday.in/india/story/karnataka-govt-invokessections- of-epidemic-diseases-act-in-form-of-covid-19-rules-2020-1654567-2020-03-11
See Government of Meghalaya Notification, No. Health 68/ 2020/ 56, Dated Shillong 28 May 2020, https://meghealth.gov.in/covid/Notification%20 %204th%20Amendment%20of%20MED%20COVID%20Regulations%202020.pdf See ” Jharkhand State Epidemic Diseases (COVID-19) Regulations, 2020”, Avantis, May 1. 2020, https://www.avantis.co.in/legalupdates/article/8749/jharkhand-state-epidemic-diseases-covid-19-
regulations-2020/
[31] Devanshu Anand, “Is Indian Legal Frameworks capable of handling Corona Virus Pandemic?”, ipleaders, April 13, 2020. https://blog.ipleaders.in/indian-legal-framework-capable-handlingcoronavirus-
pandemic/
[32] Srinivas Chokkakula, “India’s response to Covid-19 reflects the power, problems, potential of
federalism”, The Indian Express, September 18, 2020, https://indianexpress.com/article/opinion/columns/coronavirus-covid-19-pandemic-and-federalism-
6600329/
[33] According to a recent investigation by BBC, Prime Minister Narendra Modi did not consult any key
ministers or states while taking the decision of imposing strictest nation-wide lockdown on 24 March,
2020. “India Covid-19: PM Modi ‘didn’t consult’ before lockdown”, BBC,, March 30, 2012.
https://www.bbc.com/news/world-asia-india-56561095. Also R. Ramachandran, “COVID-19: A chain of
blunders by the Central government”, Frontline, September 22, 2020. https://frontline.thehindu.com/thenation/
chain-of-blunders/article32525553.ece
[34] Under Section 11 of the DM Act, 2005, the national plan to deal with crisis has to be prepared by the
Centre “in consultation with state governments and other expert bodies in the field of disaster management”.
[35] Sarthak Sethi, “Covid-19 and Indian Federalism: Through the Lens of the Disaster Management Act,
2005 and Fiscal Federalism”, Indian Law Journal. https://www.indialawjournal.org/covid-19-and-indianfederalism. php
[36] GoI (2020a): Order No 33-4/2020-NAM-I, Ministry of Home Affairs (Disaster Management Division), 14 March, 2020. https://www.ndmindia.nic.in/images/gallery/Items%20and%20Norms%20of%20as…
[37] The notifications issued by the Central Government on March 24 (the first lockdown) and April 15
(extended lockdown) are in the nature of rag-bag executive orders covering fields strictly falling within
the domain of the State (7th Schedule of the Constitution). This includes the State government offices
(Entry 41), hospitals (Entry 6), shops and markets (Entry 28), industries (Entry 24), agriculture (Entry 14), alcohol (Entry 8) etc.
[38] Sarthak Sethi, “Covid-19 and Indian Federalism: Through the Lens of the Disaster Management Act,
2005 and Fiscal Federalism”, India Law Journal, https://www.indialawjournal.org/covid-19-and-indianfederalism. php
[39] Jeffrey Gettleman, Suhasini Raj, Sameer Yasir and Karan Deep Singh, “The virus trains: How unplanned lockdown chaos spread Covid-19 across India”, Business Standard, December 16, 2020,
https://www.business-standard.com/article/current-affairs/the-virus-trains-how-unplannedlockdown-
chaos-spread-covid-19-across-india-120121600103_1.html
[40] Anshu Sharma and Jude Sannith, “Lockdown relaxation: States to decide, but within Home Ministry
guidelines”, CNBCTV18, 25 April, 2020, https://www.cnbctv18.com/economy/lockdown-relaxation-statesto- decide-but-within-home-ministry-guidelines-5773661.htm
[41] Amrita Madhukalya, “Covid-19: States protest against Centre’s directive on PPE procurement”,
hindustantimes, April 10, 2020, https://www.hindustantimes.com/india-news/covid-19-states-protestagainst- centre-s-directive-on-ppe-procurement/story-C2HLEkLKvPL9gMYGA494LP.html
[42] Leroy Leo, “Mamata writes to PM Modi, protests central govt team’s visit to West Bengal”, Mint, April 21, 2020, https://www.livemint.com/news/india/mamata-writes-to-pm-modi-protests-central-govtteam- s-visit-to-west-bengal-11587405367250.html
[43] Anirudh Burman, “How Covid-19 is changing Indian federalism”, Carnegie India,July 28, 2020, How COVID-19 is Changing Indian Federalism”, Carnegie India, July 28,
https://carnegieindia.org/2020/07/28/how-covid-19-is-changing-indian-federalism-pub-82382
[44] “Lockdown 4.0: Kejriwal wants Modi to allow public transport, pvt offices”, Business Standard, May 16, 2020, https://www.business-standard.com/article/current-affairs/lockdown-4-0-kejriwal-wants-modito- allow-public-transport-pvt-offices-120051600191_1.html
[45] Anubhav Khamroi, “Federalism and Covid-19: Analysing the National Importance of Justification of
the Centre”, Law School Policy Review, August 8,
2020,https://lawschoolpolicyreview.com/2020/08/08/federalism-and-covid-19-analysing-the-nationalimportance- justification-of-the-centre/
[46] Niranjan Sahoo, “Covid-19 and Cooperative federalism in India: So Far, so good”, ORF Expert Speak, April 24, 2020. https://www.orfonline.org/expert-speak/covid19-cooperative-federalism-india-so-far- good-65429/
[47] While the COVID-19 pandemic with its pan-India nature witnessed a centralised and swiftly
coordinated response led by the federal government with their usual arbitrariness during the lockdown phases, such a response was difficult to sustain in subsequent phases. This is because the very nature and dynamics of the pandemic impacting the entire country required a decentralised response where the states have to be the key drivers. Even during the period of lockdown, the Centre understood the limitations of a hyper centralised response and was quick to recognise the vital roles of the states and local governments in putting an effective response to the crisis. The state governments’ rightful discretion regarding deciding lockdown measures and necessary guidelines as well as containment zoning[47] was given back to them with the Centre deciding to play the advisory role in many decisions critical to manage the crisis. The effective models of combatting the crisis in states like Delhi and Kerala at different phases of the pandemic was duly appreciated by the Centre. See report by The New Indian Express, May 18, 2020, https://www.newindianexpress.com/nation/2020/may/17/centre-gives-charge-to-states-onlockdown-
40-heres-whats-allowed-whats-not-2144568.html
[48] Ambar Kumar Ghosh, “The Paradox of ‘Centralised Federalism’: An Analysis of the Challenges to
India’s Federal Design”, ORF Occassional Paper, September 2020.
https://www.orfonline.org/research/the-paradox-of-centralised-federalism/
[49] Nikunj Ohri, “Centre Still Owes States Over Rs 30,000 Crore In GST Dues For FY20”, Bloomberg Quint, April 11, 2020, https://www.bloombergquint.com/gst/centre-still-owes-states-over-rs-30000-crore-ingst- dues-for-fy20
[50] Anuja, Gyan Varma &Nidheesh M.K., Gyan Varma, Nidheesh M.K., “States displeased with Centre
over conditions on borrowing”, Livemint, May 18, 2020, https://www.livemint.com/news/india/statesdispleased- with-centre-over-conditions-on-borrowing-11589743259710.html
[51] “Covid-19 Economic Package: Government Allows Increased State Borrowings With Conditions Attached”, Bloomberg Quint, May 17, 2021, https://www.bloombergquint.com/economy-finance/covid-
19-economic-package-government-allows-increased-state-borrowings-with-conditions-attached
[52] Niranjan Sahoo, “COVID-19 and cooperative federalism in India: So far, so good”, ORF Expert Speak, April 30, 2020, https://www.orfonline.org/expert-speak/covid19-cooperative-federalism-india-so-fargood- 65429/
[53] Louise Tillin, “Centre and States need to Coordinate, not Compete”, CASI, June 2,
2021,https://casi.sas.upenn.edu/iit/louisetillin
[54] Swweta Punj, “How India became a PPE Manufacturing hub”, India Today, February 21, 2021,
https://www.indiatoday.in/india-today-insight/story/how-india-became-a-ppe-manufacturing-hub-
1771584-2021-02-21
[55] See Report by Reuters, “ Scientists says Indian government ignored warnings amidst Conoravirus
surge”, Reuters, May 1, 2021. https://www.reuters.com/world/asia-pacific/exclusive-scientists-say-indiagovernment- ignored-warnings-amid-coronavirus-2021-05-01/
[56] “We are in the endgame of Covid-19 pandemic in India: Health Minister Harsh Vardhan”, India
Today, March 7, 2021. https://www.indiatoday.in/coronavirus-outbreak/story/we-are-in-the-endgameof- covid-19-pandemic-in-india-vardhan-1776697-2021-03-07
[57] See Hassan M Kamal, “Kumbh Mela and election rallies: How two super spreader events have
contributed to India’s massive second wave of COVID-19 cases”, Firstpost, April 22, 2021. https://www.firstpost.com/india/kumbh-mela-and-election-rallies-how-twosuper- spreader-events-have-contributed-to-indias-massive-second-wave-of-covid-19-cases- 9539551.html
[58] Soutik Biswas, “Covid-19: How India failed to prevent a deadly second wave”, BBC, April 19, 2021.
https://www.bbc.com/news/world-asia-india-56771766
[59]See“Worry Within BJP, RSS Over Covid Mismanagement, Electoral Impact: Sources”NDTV, May 10, 2021, https://www.ndtv.com/india-news/coronavirus-worry-within-bjp-rss-over-covid-handling-electoralimpact- sources-2438545
[60] “Let’s save ourselves from lockdown, says PM Modi in address to nation”, India Today, April 20, 2021. https://www.indiatoday.in/coronavirus-outbreak/story/pm-narendra-modi-address-to-nation-oncovid19- situation-live-updates-1793170-2021-04-20
[61] Hanah Ellis-Petersen, “The System has collapsed: India’s descent into Covid Hell”, The Guardian, April 21, 2021. https://www.theguardian.com/world/2021/apr/21/system-has-collapsed-india-descent-intocovid- hell
[62] See “Delhi hospitals gasp as Haryana refuses to share oxygen, then Centre steps in to resolve row”,
The Print, April 21, 2021.
[63] Varinder Bhatia and Mallika Joshi, “Oxygen Politics between Delhi, Haryana and UP”, The Indian
Express, April 21, 2021.
[64] Report by Bhavna-Vij Arora, “As Covid Situation Worsens, Centre Tries To Shift Blame On States”,
Outlook, April 22, 2021.
[65] Chandrakant Lahariya, “Covid vaccination was always Centre’s Job, what else must be done”, The
Quint, June 9, 2021.
[66] Partha Mukhopadhyay, “Forget play, the machine needs to be scrapped”, The Hindu, May 13, 2021.
[67] K. Sujatha Rao, “Helping states combat Covid-19 is Centre’s fundamental duty”, The Indian Express, April 27, 2021.
[68]Many state governments vocal about the Centre’s inefficiency in the process as the cases surged, were found lagged in taking early stock of the situation on ground in their states and warning the Centre of the crisis and putting pressure on it for vaccines at the early stage of the process. SeeHarish Pullanor, “Hollow, Without Substance: Mamata Banerjee On New Central Vaccine Norms”, Hindustan Times, April 20, 2021.
[69] P. Mukhopadhyay, “Forget play, the machine needs to be scrapped”
[70] “Centre to take over vaccination drive from June 21, only 25% for private hospitals: PM Modi”, New Indian Express, June 7, 2021,
[71] Pushpa Pathak, “In India’s big Covid battle, urban local bodies are frontline warriors but have no money”, The Print, May 19, 2020.
[72]See Niranjan Sahoo, “Panchayats and pandemic”, ORF Expert Speak, 25 April, 2020.
See “Sarpanches to get District Collector’s powers to fight against Covid-19: Odisha CM”, Live Mint, 19 April 2020.
[73] Rachita Vora, “COVID-19 and lessons from Kerala”, IDR, 1 April 2020.
[74]Niranjan Sahoo, “Panchayats and pandemic”
[75] A congested area, within a 3-km radius in Lohamandi of Agra, was cordoned off immediately after the positive reports arrived at 2 am, and 1,248 teams carried out intensive contact tracing over 1,65,000
households.
[76] “Dharavi’s unexpected Covid success story has lessons for Delhi, other crowded cities”, The Print, 15 July, 2020.
[77] Kumar Kunal and Pankaj Upadhyay, “Explainer | A Tale of Two Cities: As Delhi drowns in Covid, Mumbai winning its fight”, India Today, 19 November, 2020.
[78] Sonam Saigal, “Beating back the pandemic in Mumbai”, The Hindu, May 15, 2021.
[79] For example, the US management of Covid-19 suffered in the initial waves as the federal leadership under a populist and ineffectual President Donald Trump never took the threats seriously. His leadership has an impact on many states in the US which played the waiting game on pandemic and never took the crisis head on. See Brian J Gerber and Malanie Gall, “One month in, how Biden has changed disaster management and the US Covid-19 response”, The Conversation, February 19, 2021.
[80] For a detailed analysis on this, see Niranjan Sahoo, “India and Australia’s federal systems have responded fairly well to COVID-19. But the US system hasn’t”, Melbourne Asia Review, July 2020.
[81] Rakesh Sood, “Chronicle of a tragedy foretold”, ORF Expert Speak, May 2, 2021.
[82]Yamini Aiyar and Mekhala Krishnamurthy, “Covid-19: Centre and states must work together”, , Hindustan Times, April 1, 2020.
[83] Manish Tewari, “India’s Fight against Health emergencies: In search of a legal architecture”, ORF Issue Brief, March, 2020.
[84] Himani Bhandari, “25 arrests in Delhi over posters criticising Modi’s vaccine policy”, The Hindu, May 15, 2021.
[85] “UP: FIR filed against man who sought Twitter help for oxygen for grandfather”, Scroll, 28 April, 2021.
[86] “State must be circumspect in invoking sedition laws, says Punjab &Haryana HC; grants bail to
person arrested for anti-government posts on social media”, Leaflet, 3 November, 2020,
[87] “Supreme Court for review of sedition law’s limit”, Deccan Chronicle, June 1, 2021.
[88] Ramanan Laxminarayan, “What India Needs to Fight the Virus”, New York Times, March 27, 2020.
[89]Niranjan Sahoo, “India and Australia’s federal systems have responded fairly well to COVID-19. But the US system hasn’t”, Melbourne Asia Review, July 2020.
[1] Naoh Feldman, “U.S. Federalism isn’t Great at Handling Pandemics”, Bloomberg, March 19, 2020.
[2] See Jennifer Selin, “How the Constitution’s federalist framework is being tested by COVID-19”,
Brookings, June 8, 2020. See Ross. K. Baker, “Donald Trump’s laissez faire federalism is as toxic as COVID-19”, USA Today, July 14, 2020.
[3] Richard Perez-Pena, Virus hits Europe harder than China. Is that the price of an open society? New
York Times, March 19, 2020.
[4] Fabian Hattke and Helge Martin, Collective Action during Covid-19: A case of Germany’s Fragmented authority, Administrative Theory and Praxis, Routledge, 2020.
[5] David Alexander, “Disaster and emergency planning for preparedness, response, and recovery”. In
Oxford research encyclopedia of natural hazard science, Oxford: Oxford University Press, 2015.
[6] Jeffrey Gettleman and Kai Schultz, “Modi Orders 3-Week Total Lockdown for All 1.3 Billion Indians”, The New York Times, March 24, 2020.
[7] For an excellent summary of the chronology of lockdowns, see Jay Shah and Pradip Chouhan, Lockdown and Unlock for Covid-19 and associated residential mobility in India, International Journal of Infectious Disease, Vol.104, March 2021.
[8] Alison Rourke and Helen Sullivan, “Global report: India overtakes Brazil as second most Covidinfected country”, The Guardian, September 7, 2020.
[9] R. Prasad, Coronavirus: Is the first wave coming to an end? The Hindu, December 26, 2020.
[10] “India’s Covid-19 cases per million population among lowest in the world: Health Ministry”, Times of India, September 8, 2020.
[11] “Masks, distancing, demography: The mystery behind India’s declining Covid cases”, Times of India, February 6, 2021.
[12] See “PM Modi at Davos: Despite doomsday predictions, India defeated Covid and helped 150 other
countries”, India Today, January 28, 2021.
[13] “Covid variant accelerating India’s ‘explosive’ pandemic outbreak: WHO Top scientist”, Mint, May
9, 2021.
[14] Report by Vikas Pandey, “Covid-19 in India: Patients struggle at home as hospitals choke”, BBC, 26
April, 2021.
[15] Jeffrey Gentleman, Samir Yasir, Hari Kumar and Suhashin Raj, “As Covid devastates India, Deaths go Unaccounted,” The New York Times, April 24, 2021.
[16] Malancha Chakrabarty and Shoba Suri, “Winning the Covid-19 battle in Rural India: A Blueprint for
Action”, ORF Special Report, June 16, 2021.
[17] “Third wave could hit India by October: experts”, The Hindu, 18 June 2021.
[18] Paran Balakrishan, “The Second wave’s devastating blow”, The Businessline, May 12, 2021.
[19] Sanjoy Ghose and Rhishabh Jetley, “Does the Constitution Allow Modi to Declare a National
Emergency Over COVID-19?”, The Wire, March 23, 2020.
[20] There are 3 types of emergency provisions available in the constitution of India, viz national emergency (Article 352), financial emergency (Article 360) and state emergency (Article 256). But these provisions specifically deal with health emergency or epidemic as in the case of COVID-19.
[21] Kevin James, “Covid-19 and the need for Clear Centre-State Roles“, Vidhi Centre for Legal Policy, April 3, 2020.
[22] The Constitution mandates that in case of a deadlock between the Centre’s law and State law on any subject present in the Concurrent List, the Centre’s law will prevail.
[23] Pankhuri Agarwal, “COVID-19 and dwindling Indian federalism”, Economic and Political Weekly,
Volume 55, Issue No26-27, June 2020, https://www.epw.in/journal/2020/26-27/commentary/covid-19- and-dwindling-indian-federalism.html
[24] National Disaster Management Act, 2005
[25] The DMA under Section 3 constitutes the National Disaster Management Authority (NDMA) with the Prime Minister as ex officio chairperson and its nominees. Interestingly the powers and functions of the NDMA as provided under Section 6 are related with “laying down the policies, plans and guidelines for disaster management” along with the power under Section 6 (2)(i) to “take such other measures for the prevention of disaster, or the mitigation, or preparedness and capacity building for dealing with the threatening disaster situation or disaster as it may consider necessary.”
[26] Ameya Bokil and Nikita Sonavane, “Why relying on Criminal Law should not be the answer to the
pandemic?”, The Wire, April 11, 2020. https://thewire.in/law/criminal-law-coronavirus-pandemic
[27] The subjects which are not mentioned in any of the three lists in Schedule VII are called residuary
subjects and the Centre has the power to legislate on those subjects.
[28] Epidemic Disease Act, 1897
[29] The Epidemic Diseases Act (EDA), 1897 was framed “to provide for the better prevention of the spread of Dangerous Epidemic Diseases.” The EDA under Section 2 provides ample powers to the state governments “to take special measures and prescribe regulations as to dangerous epidemic disease,” which include “the inspection of persons … the segregation of persons suspected by the inspecting officer of being infected with any such disease.”
[30] See Nolan Pinto, “Karnataka govt invokes sections of Epidemic Diseases Act in form of Covid-19
rules, 2020”, India Today, March 11, 2020, https://www.indiatoday.in/india/story/karnataka-govt-invokessections- of-epidemic-diseases-act-in-form-of-covid-19-rules-2020-1654567-2020-03-11
See Government of Meghalaya Notification, No. Health 68/ 2020/ 56, Dated Shillong 28 May 2020, https://meghealth.gov.in/covid/Notification%20 %204th%20Amendment%20of%20MED%20COVID%20Regulations%202020.pdf See ” Jharkhand State Epidemic Diseases (COVID-19) Regulations, 2020”, Avantis, May 1. 2020, https://www.avantis.co.in/legalupdates/article/8749/jharkhand-state-epidemic-diseases-covid-19-
regulations-2020/
[31] Devanshu Anand, “Is Indian Legal Frameworks capable of handling Corona Virus Pandemic?”, ipleaders, April 13, 2020. https://blog.ipleaders.in/indian-legal-framework-capable-handlingcoronavirus-
pandemic/
[32] Srinivas Chokkakula, “India’s response to Covid-19 reflects the power, problems, potential of
federalism”, The Indian Express, September 18, 2020, https://indianexpress.com/article/opinion/columns/coronavirus-covid-19-pandemic-and-federalism-
6600329/
[33] According to a recent investigation by BBC, Prime Minister Narendra Modi did not consult any key
ministers or states while taking the decision of imposing strictest nation-wide lockdown on 24 March,
2020. “India Covid-19: PM Modi ‘didn’t consult’ before lockdown”, BBC,, March 30, 2012.
https://www.bbc.com/news/world-asia-india-56561095. Also R. Ramachandran, “COVID-19: A chain of
blunders by the Central government”, Frontline, September 22, 2020. https://frontline.thehindu.com/thenation/
chain-of-blunders/article32525553.ece
[34] Under Section 11 of the DM Act, 2005, the national plan to deal with crisis has to be prepared by the
Centre “in consultation with state governments and other expert bodies in the field of disaster management”.
[35] Sarthak Sethi, “Covid-19 and Indian Federalism: Through the Lens of the Disaster Management Act,
2005 and Fiscal Federalism”, Indian Law Journal. https://www.indialawjournal.org/covid-19-and-indianfederalism. php
[36] GoI (2020a): Order No 33-4/2020-NAM-I, Ministry of Home Affairs (Disaster Management Division), 14 March, 2020. https://www.ndmindia.nic.in/images/gallery/Items%20and%20Norms%20of%20as…
[37] The notifications issued by the Central Government on March 24 (the first lockdown) and April 15
(extended lockdown) are in the nature of rag-bag executive orders covering fields strictly falling within
the domain of the State (7th Schedule of the Constitution). This includes the State government offices
(Entry 41), hospitals (Entry 6), shops and markets (Entry 28), industries (Entry 24), agriculture (Entry 14), alcohol (Entry 8) etc.
[38] Sarthak Sethi, “Covid-19 and Indian Federalism: Through the Lens of the Disaster Management Act,
2005 and Fiscal Federalism”, India Law Journal, https://www.indialawjournal.org/covid-19-and-indianfederalism. php
[39] Jeffrey Gettleman, Suhasini Raj, Sameer Yasir and Karan Deep Singh, “The virus trains: How unplanned lockdown chaos spread Covid-19 across India”, Business Standard, December 16, 2020,
https://www.business-standard.com/article/current-affairs/the-virus-trains-how-unplannedlockdown-
chaos-spread-covid-19-across-india-120121600103_1.html
[40] Anshu Sharma and Jude Sannith, “Lockdown relaxation: States to decide, but within Home Ministry
guidelines”, CNBCTV18, 25 April, 2020, https://www.cnbctv18.com/economy/lockdown-relaxation-statesto- decide-but-within-home-ministry-guidelines-5773661.htm
[41] Amrita Madhukalya, “Covid-19: States protest against Centre’s directive on PPE procurement”,
hindustantimes, April 10, 2020, https://www.hindustantimes.com/india-news/covid-19-states-protestagainst- centre-s-directive-on-ppe-procurement/story-C2HLEkLKvPL9gMYGA494LP.html
[42] Leroy Leo, “Mamata writes to PM Modi, protests central govt team’s visit to West Bengal”, Mint, April 21, 2020, https://www.livemint.com/news/india/mamata-writes-to-pm-modi-protests-central-govtteam- s-visit-to-west-bengal-11587405367250.html
[43] Anirudh Burman, “How Covid-19 is changing Indian federalism”, Carnegie India,July 28, 2020, How COVID-19 is Changing Indian Federalism”, Carnegie India, July 28,
https://carnegieindia.org/2020/07/28/how-covid-19-is-changing-indian-federalism-pub-82382
[44] “Lockdown 4.0: Kejriwal wants Modi to allow public transport, pvt offices”, Business Standard, May 16, 2020, https://www.business-standard.com/article/current-affairs/lockdown-4-0-kejriwal-wants-modito- allow-public-transport-pvt-offices-120051600191_1.html
[45] Anubhav Khamroi, “Federalism and Covid-19: Analysing the National Importance of Justification of
the Centre”, Law School Policy Review, August 8,
2020,https://lawschoolpolicyreview.com/2020/08/08/federalism-and-covid-19-analysing-the-nationalimportance- justification-of-the-centre/
[46] Niranjan Sahoo, “Covid-19 and Cooperative federalism in India: So Far, so good”, ORF Expert Speak, April 24, 2020. https://www.orfonline.org/expert-speak/covid19-cooperative-federalism-india-so-far- good-65429/
[47] While the COVID-19 pandemic with its pan-India nature witnessed a centralised and swiftly
coordinated response led by the federal government with their usual arbitrariness during the lockdown phases, such a response was difficult to sustain in subsequent phases. This is because the very nature and dynamics of the pandemic impacting the entire country required a decentralised response where the states have to be the key drivers. Even during the period of lockdown, the Centre understood the limitations of a hyper centralised response and was quick to recognise the vital roles of the states and local governments in putting an effective response to the crisis. The state governments’ rightful discretion regarding deciding lockdown measures and necessary guidelines as well as containment zoning[47] was given back to them with the Centre deciding to play the advisory role in many decisions critical to manage the crisis. The effective models of combatting the crisis in states like Delhi and Kerala at different phases of the pandemic was duly appreciated by the Centre. See report by The New Indian Express, May 18, 2020, https://www.newindianexpress.com/nation/2020/may/17/centre-gives-charge-to-states-onlockdown-
40-heres-whats-allowed-whats-not-2144568.html
[48] Ambar Kumar Ghosh, “The Paradox of ‘Centralised Federalism’: An Analysis of the Challenges to
India’s Federal Design”, ORF Occassional Paper, September 2020.
https://www.orfonline.org/research/the-paradox-of-centralised-federalism/
[49] Nikunj Ohri, “Centre Still Owes States Over Rs 30,000 Crore In GST Dues For FY20”, Bloomberg Quint, April 11, 2020, https://www.bloombergquint.com/gst/centre-still-owes-states-over-rs-30000-crore-ingst- dues-for-fy20
[50] Anuja, Gyan Varma &Nidheesh M.K., Gyan Varma, Nidheesh M.K., “States displeased with Centre
over conditions on borrowing”, Livemint, May 18, 2020, https://www.livemint.com/news/india/statesdispleased- with-centre-over-conditions-on-borrowing-11589743259710.html
[51] “Covid-19 Economic Package: Government Allows Increased State Borrowings With Conditions Attached”, Bloomberg Quint, May 17, 2021, https://www.bloombergquint.com/economy-finance/covid-
19-economic-package-government-allows-increased-state-borrowings-with-conditions-attached
[52] Niranjan Sahoo, “COVID-19 and cooperative federalism in India: So far, so good”, ORF Expert Speak, April 30, 2020, https://www.orfonline.org/expert-speak/covid19-cooperative-federalism-india-so-fargood- 65429/
[53] Louise Tillin, “Centre and States need to Coordinate, not Compete”, CASI, June 2,
2021,https://casi.sas.upenn.edu/iit/louisetillin
[54] Swweta Punj, “How India became a PPE Manufacturing hub”, India Today, February 21, 2021,
https://www.indiatoday.in/india-today-insight/story/how-india-became-a-ppe-manufacturing-hub-
1771584-2021-02-21
[55] See Report by Reuters, “ Scientists says Indian government ignored warnings amidst Conoravirus
surge”, Reuters, May 1, 2021. https://www.reuters.com/world/asia-pacific/exclusive-scientists-say-indiagovernment- ignored-warnings-amid-coronavirus-2021-05-01/
[56] “We are in the endgame of Covid-19 pandemic in India: Health Minister Harsh Vardhan”, India
Today, March 7, 2021. https://www.indiatoday.in/coronavirus-outbreak/story/we-are-in-the-endgameof- covid-19-pandemic-in-india-vardhan-1776697-2021-03-07
[57] See Hassan M Kamal, “Kumbh Mela and election rallies: How two super spreader events have
contributed to India’s massive second wave of COVID-19 cases”, Firstpost, April 22, 2021. https://www.firstpost.com/india/kumbh-mela-and-election-rallies-how-twosuper- spreader-events-have-contributed-to-indias-massive-second-wave-of-covid-19-cases- 9539551.html
[58] Soutik Biswas, “Covid-19: How India failed to prevent a deadly second wave”, BBC, April 19, 2021.
https://www.bbc.com/news/world-asia-india-56771766
[59]See“Worry Within BJP, RSS Over Covid Mismanagement, Electoral Impact: Sources”NDTV, May 10, 2021, https://www.ndtv.com/india-news/coronavirus-worry-within-bjp-rss-over-covid-handling-electoralimpact- sources-2438545
[60] “Let’s save ourselves from lockdown, says PM Modi in address to nation”, India Today, April 20, 2021. https://www.indiatoday.in/coronavirus-outbreak/story/pm-narendra-modi-address-to-nation-oncovid19- situation-live-updates-1793170-2021-04-20
[61] Hanah Ellis-Petersen, “The System has collapsed: India’s descent into Covid Hell”, The Guardian, April 21, 2021. https://www.theguardian.com/world/2021/apr/21/system-has-collapsed-india-descent-intocovid- hell
[62] See “Delhi hospitals gasp as Haryana refuses to share oxygen, then Centre steps in to resolve row”,
The Print, April 21, 2021.
[63] Varinder Bhatia and Mallika Joshi, “Oxygen Politics between Delhi, Haryana and UP”, The Indian
Express, April 21, 2021.
[64] Report by Bhavna-Vij Arora, “As Covid Situation Worsens, Centre Tries To Shift Blame On States”,
Outlook, April 22, 2021.
[65] Chandrakant Lahariya, “Covid vaccination was always Centre’s Job, what else must be done”, The
Quint, June 9, 2021.
[66] Partha Mukhopadhyay, “Forget play, the machine needs to be scrapped”, The Hindu, May 13, 2021.
[67] K. Sujatha Rao, “Helping states combat Covid-19 is Centre’s fundamental duty”, The Indian Express, April 27, 2021.
[68]Many state governments vocal about the Centre’s inefficiency in the process as the cases surged, were found lagged in taking early stock of the situation on ground in their states and warning the Centre of the crisis and putting pressure on it for vaccines at the early stage of the process. SeeHarish Pullanor, “Hollow, Without Substance: Mamata Banerjee On New Central Vaccine Norms”, Hindustan Times, April 20, 2021.
[69] P. Mukhopadhyay, “Forget play, the machine needs to be scrapped”
[70] “Centre to take over vaccination drive from June 21, only 25% for private hospitals: PM Modi”, New Indian Express, June 7, 2021,
[71] Pushpa Pathak, “In India’s big Covid battle, urban local bodies are frontline warriors but have no money”, The Print, May 19, 2020.
[72]See Niranjan Sahoo, “Panchayats and pandemic”, ORF Expert Speak, 25 April, 2020.
See “Sarpanches to get District Collector’s powers to fight against Covid-19: Odisha CM”, Live Mint, 19 April 2020.
[73] Rachita Vora, “COVID-19 and lessons from Kerala”, IDR, 1 April 2020.
[74]Niranjan Sahoo, “Panchayats and pandemic”
[75] A congested area, within a 3-km radius in Lohamandi of Agra, was cordoned off immediately after the positive reports arrived at 2 am, and 1,248 teams carried out intensive contact tracing over 1,65,000
households.
[76] “Dharavi’s unexpected Covid success story has lessons for Delhi, other crowded cities”, The Print, 15 July, 2020.
[77] Kumar Kunal and Pankaj Upadhyay, “Explainer | A Tale of Two Cities: As Delhi drowns in Covid, Mumbai winning its fight”, India Today, 19 November, 2020.
[78] Sonam Saigal, “Beating back the pandemic in Mumbai”, The Hindu, May 15, 2021.
[79] For example, the US management of Covid-19 suffered in the initial waves as the federal leadership under a populist and ineffectual President Donald Trump never took the threats seriously. His leadership has an impact on many states in the US which played the waiting game on pandemic and never took the crisis head on. See Brian J Gerber and Malanie Gall, “One month in, how Biden has changed disaster management and the US Covid-19 response”, The Conversation, February 19, 2021.
[80] For a detailed analysis on this, see Niranjan Sahoo, “India and Australia’s federal systems have responded fairly well to COVID-19. But the US system hasn’t”, Melbourne Asia Review, July 2020.
[81] Rakesh Sood, “Chronicle of a tragedy foretold”, ORF Expert Speak, May 2, 2021.
[82]Yamini Aiyar and Mekhala Krishnamurthy, “Covid-19: Centre and states must work together”, , Hindustan Times, April 1, 2020.
[83] Manish Tewari, “India’s Fight against Health emergencies: In search of a legal architecture”, ORF Issue Brief, March, 2020.
[84] Himani Bhandari, “25 arrests in Delhi over posters criticising Modi’s vaccine policy”, The Hindu, May 15, 2021.
[85] “UP: FIR filed against man who sought Twitter help for oxygen for grandfather”, Scroll, 28 April, 2021.
[86] “State must be circumspect in invoking sedition laws, says Punjab &Haryana HC; grants bail to
person arrested for anti-government posts on social media”, Leaflet, 3 November, 2020,
[87] “Supreme Court for review of sedition law’s limit”, Deccan Chronicle, June 1, 2021.
[88] Ramanan Laxminarayan, “What India Needs to Fight the Virus”, New York Times, March 27, 2020.
[89]Niranjan Sahoo, “India and Australia’s federal systems have responded fairly well to COVID-19. But the US system hasn’t”, Melbourne Asia Review, July 2020.