Coronavirus: Test of collaborative federalism

The central government’s attempt to combat the coronavirus pandemic with an unprecedented total lockdown of the country has suffered a major setback as millions of economically disadvantaged people, chiefly the daily wage earners in big cities, are being forced to return to their native towns and villages hundreds of miles away and across state borders. They are helpless in this respect as it’s a matter of survival for them. Although initiatives have been announced by the central and many state governments to alleviate the suffering of the poor during the lockdown, this mass migration shows that the efforts of the Union and the state governments have either not been orchestrated in sync or have not been implemented properly.

Feeble collaborative effort

Union Health Minister Harsh Vardhan stated on March 9 that the government is prepared to deal with the coronavirus and that his ministry had been sending directives, including guidelines, to all the states. These directions were issued under the Epidemic Diseases Act, 1897 (EDA), and the Disaster Management Act, 2005 (DMA). The government perhaps believed that these two laws vested sufficient powers in it, and that there was no need to fall back on the “emergency provisions” of the Constitution. There is no question on the competence of the Union government as even during normal times the Centre can issue directions to states and, as a result, the executive power of the states shall be exercised in a manner that does not “impede or prejudice” the Union executive directives (Article 256 & 257). Similarly, the state governments, too, started their independent efforts by issuing workplace advisories based on the restraint plan prepared by the health ministry to tackle the pandemic. In this, some states like Odisha were prompt and active but a few others sluggish and passive in their response.

Unfortunately, no sincere and strategic coordination between the Union and state governments were made to give full effect to the national lockdown and its possible implications on people’s lives. An inter-state coordination meeting of all chief ministers and chief secretaries should have been called at an initial stage, ideally in the first week of March, to make a strategic plan on various preventive measures, including the national lockdown and its possible repercussions.

In a bid to ensure a smooth national lockdown of three weeks, a joint intensive advisory along with logistic support arrangements could have been issued appealing to the people to avoid leaving their homes except in an emergency. The success of ‘janata curfew’ demonstrated that people are willing to abide by government advisories and especially the appeal made by the Prime Minister. But a 21-day national lockdown on a four hours’ notice suddenly put millions of people at risk, leaving many struggling with basic requirements of food and medicines. They were left with a choice between the coronavirus infection and starvation. Hunger is the more desperate, deadly, and immediate of the two alternatives, and hence it prevailed.

The Union and state governments urged employers not to deduct workers’ wages for the period of the lockdown and to provide some other relief measures. But without a guaranteed wage, it was realistically hard to win the confidence of the people that the State would guarantee them their fundamental right to life and livelihood. It is imperative to note that this is not charity but rather a constitutional obligation under Article 39(a) and (e) which mandates the government to take steps to ensure that the citizens have a right to adequate means of livelihood and are not forced by economic necessity to enter avocations unsuitable for them.

Collaborative federalism

The constitutional vision ideates that both the central and the state governments must embrace a collaborative federal architecture by displaying harmonious co­existence and interdependence. Acceptance of pragmatic federalism and achieving federal balance is a necessity. It requires disciplined wisdom on the part of the Centre and the states. As opposed to centralism, a balanced federal structure mandates that the Union government will work in coordination with states at all times. This crisis is an extraordinary situation which required extraordinary coordination. Our best chance of curbing the pandemic lies only in joint, synchronised effort, and not in isolated endeavours.

As most coronavirus cases reported so far have been from the cities, this unprecedented mass migration may have adverse repercussions in rural parts, too. Some asymptomatic carriers of the virus might unwittingly infect people in those areas. Consequently, they will be forced to defy the lockdown again and travel to cities to seek medical relief considering India’s grossly underdeveloped medical infrastructure in remote areas. This could create a vicious cycle, thereby defeating the very purpose of the current lockdown.

A similar situation was seen in Italy, where people from the initially affected northern Italy fled to their hometowns, thereby spreading the virus across that nation. The present condition of Italy is a direct result of a faulty lockdown and a spectacle which we must avoid at all costs. To achieve this, we must deal with the issue of migration expeditiously.

What is to be done?

As tens of thousands of people have already left their accommodations in cities, have travelled long distances, and intermingled with other people, it is not advantageous to direct them back to the cities. Instead, temporary shelters must be created for them in the cities or on their outskirts. Food, basic necessities, and materials for maintaining hygiene must be provided at such locations. Thus, even in the unfortunate event of an outbreak of the virus at such shelters, it will not spread to remote areas and can be nipped in the bud.

India has in the past constructed such shelters quickly, a prime example being the Maha Kumbh Mela in 2013 wherein temporary living facilities were created for crores of people in a short span of time.

Thus, meticulous tracking, compulsory quarantines and duteous social distancing, all coordinated by a leadership willing to act fast and be transparent, is required at this moment. While herculean efforts may be required on part of the administration at this juncture, it is a drop in the bucket keeping in mind the bigger picture. Unless collaborative federalism is implemented in the true sense by taking all the states along, the lockdown may prove to be an exercise in futility. The Centre and states must take heed before it is too late.

(Singh is Professor of Law and Nayak is student at the National Law University, Odisha)