Q.11 The Indian Constitution exhibits centralizing 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. 

Model Answer:

Introduction

The Indian Constitution, adopted in 1950, is designed to balance the powers between the central government and the states. However, in practice, it exhibits centralizing tendencies to ensure national unity and integrity, especially in the context of crises or significant policy shifts. This centralization is evident in the legislative frameworks such as the Epidemic Diseases Act, 1897, the Disaster Management Act, 2005, and the more recent Farm Acts.

Body

Epidemic Diseases Act, 1897

• Central Authority in Health Crises some text
  • The Epidemic Diseases Act, 1897, grants substantial powers to the central government to manage epidemics. 
  •  The Act's centralizing nature is evident as it enables the central government to impose uniform measures across states to contain the spread of diseases, thereby ensuring a coordinated national response.
• Emergency Powers: some text
  • The Act provides the central authorities with emergency powers to override state decisions if local measures are deemed insufficient.

Disaster Management Act, 2005

• Centralized Coordination - some text
  • NDMA, chaired by the PM , is responsible for formulating policies and coordinating disaster response efforts across states.
• State and Local Support: some text
  • While the Act provides for state and local disaster management authorities, it positions the central authority as the apex body for policy and coordination. 
  • This centralization helps in standardizing disaster response protocols and resource allocation, ensuring that state-level efforts align with national objectives.

Farm Acts (2020)

• Market Regulation: some text
  • The Farm Acts, particularly the Farmers' Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, centralize the regulation of agricultural markets by allowing farmers to sell their produce outside state-controlled mandis (markets). 
• Uniformity and Integration: some text
  • By establishing a framework for a national market and promoting direct contracts between farmers and buyers, the Farm Acts exhibit centralizing tendencies. 
  • They aim to integrate agricultural markets across states, facilitating better price discovery and reducing the role of state-specific regulations.

Conclusion

The Indian Constitution and related laws exhibit centralizing tendencies to maintain national unity and integrity by providing the central government with significant powers to address diverse challenges. While centralization helps in maintaining consistency and addressing nationwide issues effectively, it also raises questions about the balance of power between the central and state governments, highlighting the ongoing debate about federalism in India

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