India Faces COVID-19 Revival: Division of Powers Under Schedule VII for Union and State Governments in Public Health Crisis Response

Introduction

Because of the recent increase in the number of COVID-19 cases in India, the allocation of duties between the Union government and the state governments is becoming more important. The Seventh Schedule of the Indian Constitution provides an overview of the division of legislative powers, which has a considerable impact on the handling of public health emergencies. In order to know how India deals with such difficulties, it is vital to have a solid understanding of this framework.

A review of the seventh schedule is presented here.

The Union List, the State List, and the Concurrent List are the three categories that are used to categorize the topics that are included in the Seventh Schedule of the Indian Constitution. Depending on the list, the areas in which the Union or State governments have exclusive or joint legislative competence are specified individually.

Listing of the Union

There are several topics that are included on the Union List that can only be legislated upon by the Parliament. When discussing matters pertaining to public health, this encompasses domains such as port quarantine and migration between states.

List of State

The State List is comprised of topics that are solely within the purview of the constituent legislatures of States. Hospitals, clinics, and public health and sanitation facilities are included on this list, which gives states the main duty for making decisions about health-related issues inside their respective boundaries.

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List of Concurrent Items

Subjects that are on the Concurrent List are those that may be legislated by both the Union government and the state governments. This involves a wide range of topics, such as the prevention of contagious illnesses from spreading from one state to another. In the event of a disagreement, the laws of the Union take precedence over the laws of the states.

It is the responsibility of the state to ensure public health.

India has always seen public health as a matter that falls within the purview of the state. The management of health services, including hospitals and sanitary facilities, is within the purview of the states. It is possible for states to modify their health programs to meet their unique requirements and circumstances thanks to this decentralized approach.

The Function of the Union Government in Cases of Health Emergencies

Even though health is a matter that falls within the purview of the state, the Union government plays a crucial part in times of health crisis. In addition to providing financial support and coordinating activities between states, it is able to offer general instructions. While the COVID-19 epidemic was going on, the government of the Union made use of the Disaster Management Act of 2005 in order to put into effect measures on a national scale.

Act of 2005 Concerning Disaster Management

During times of disaster, especially those involving health problems, the Disaster Management Act gives the government of the Union the authority to take the required steps. The implementation of lockdowns and the coordination of resources during the COVID-19 crisis were both made easier as a result of this.

Act of 1897 Concerning Epidemic Diseases

Both the Union government and the state governments are given the ability to adopt steps to avoid the spread of severe epidemic illnesses by virtue of this statute that was enacted during the colonial period. During the early phases of the COVID-19 pandemic, it was used extensively for the purpose of enforcing quarantines and other limitations.

The Application of Cooperative Federalism

The COVID-19 pandemic brought to light the significance of cooperative federalism, which is a kind of federalism in which the federal government and state governments cooperate together. Sharing resources, standardizing treatment techniques, and coordinating immunization programs were all part of the collaborative efforts that were undertaken. In order to effectively respond to health emergencies that affect the whole country, such teamwork is essential.

Difficulties in Coordinating Activities

In spite of the efforts that were made to cooperate, difficulties occurred, such as differences in the means by which recommendations were implemented and the distribution of resources. There were occasions when a united reaction was hampered by differences in the political leadership and administrative capacity of countries throughout the country.

The Important Need for More Clearly Defined Norms

Because of the epidemic, it became abundantly evident that there is a pressing need for more precise standards that define the duties and responsibilities of both the Union and state governments in dealing with health catastrophes. In the event of future crises, the establishment of a structure that is more clearly defined might improve coordination and efficiency.

The Finalization

The Seventh Schedule of the Constitution of India outlines the federal structure of India, which places a substantial amount of responsibility for public health on the shoulders of the state governments around the country. The involvement of the Union government, on the other hand, becomes very important in the event of widespread health catastrophes like as the COVID-19 epidemic. It is necessary to take a balanced approach in order to effectively handle crises of this kind. This approach should respect the constitutional separation of powers while also encouraging collaboration between the Union and state governments.