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.

According to Paul Brass “Indian federalism is highly centralized, designed more to maintain unity than to promote autonomy.”

Centralising Tendencies in the Indian Constitution

Legal (Constitutional & Legislative)

Residuary Powers (Art. 248, Entry 97 Union List) – Vested in Parliament, not States.

Dominance of Union List (Art. 246) – 100 subjects; State List is narrower.

Concurrent List (Art. 254) – Union law prevails in case of conflict.

Emergency Provisions (Arts. 352, 356, 360) – Centre can override State powers.

Parliament can legislate on State subjects under Art. 249.

Governor’s Role (Art. 200, 201)

Administrative

All-India Services (Art. 312)

Office of Governor – Agent of Centre in States

Union’s directions to States (Arts. 256-257) – States bound to ensure compliance with Union laws.

Deployment of Armed Forces

Financial

Centralised Finance – Major revenue sources (income tax, customs, excise, GST) with Union.

Borrowing restrictions (Art. 293) – States require Centre’s consent to borrow.

Cess and surcharges (Art. 270) not shared with States (Eg- Education Cess, Health Cess)

GST regime – Erodes States’ fiscal autonomy.

Centralising Tendencies in Indian Constitution

Epidemic Diseases Act, 1897

Public Health is a State List subject (Entry 6, List II), but the Centre can issue uniform guidelines.

Empowers Centre to declare any disease as epidemic.

Union can issue regulations for prevention and containment.

Authority to restrict movement and detain individuals during epidemics.

Centre can override conflicting State laws.

Disaster Management Act, 2005

Law and order and public health are primarily State subjects, but Act was used to declare nationwide lockdowns, interstate movement controls, and essential supply chains during COVID-19.

State Disaster Management Authorities (SDMA) include central representatives.

Union controls allocation and distribution of resources across States.

Centre can override States’ decisions in disaster response.

National Response Force primarily drawn from central armed forces.

Farm Acts, 2020 (repealed in 2021)

Though Agriculture is a State List subject, Parliament legislated under Concurrent List (Entry 33).

Weakened State APMC mandis by allowing farmers to sell outside their jurisdiction.

Dispute resolution mechanisms

Gave Centre greater control over regulation of essential commodities.

Enhanced central role in agri-marketing and e-marketing of produce.

Analysis of Centralising Tendencies

“Federalism is not a monolith; it is a dialogue between self-rule and shared rule.” Thus, such Acts must be exercised with consultation and cooperation.