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.
Approach · directive: “elucidate”
What it asks · Explain how the Constitution's unitary bias, seen in Union dominance in legislation and executive direction, shows up in the Epidemic Diseases Act, the Disaster Management Act and the Farm Acts, and what federal checks remain.
It asks 3 things — answer each
- Elucidate: the Constitution's centralising design meant to preserve unity and integrity
- Show how the tilt operated in the 1897 Epidemic Diseases Act, the 2005 Disaster Management Act and the 2020 Farm Acts
- Assess the balance: the federal checks that tempered the tilt
Open with · Article 1 makes India a 'Union of States', and Ambedkar called the Federation a Union because it is indestructible; three laws used in 2020 show this unitary tilt at work.
Cover
- Design: residuary powers (Article 248), Union law prevailing on Concurrent subjects (Article 254), directions to States (Article 256) and emergency powers.
- Epidemic Diseases Act 1897: public health is a State subject, but Concurrent Entry 29 and the 2020 amendment widened the Union's reach.
- Disaster Management Act 2005: the PM-chaired NDMA ordered the March 2020 lockdown, and Section 72 gave the Act overriding effect over State choices.
- Farm Acts 2020: agriculture and markets are State subjects, yet Parliament used Concurrent Entry 33 (trade in foodstuffs) to allow trade outside mandis.
- Federal checks: State counter-bills, the Supreme Court's January 2021 stay, repeal in November 2021, and federalism as basic structure (S. R. Bommai, 1994).
- Way forward: the Sarkaria Commission's convention of consulting States individually and collectively before Union laws on Concurrent List subjects.
Close with · Ambedkar's Constitution can be both unitary and federal as time and circumstances require: the pandemic justified the unitary mode, while the farm-law reversal showed unity is best kept by consulting States.
Add value (verified)
- Article 256 empowers the Union to give directions to a State to ensure compliance with laws made by Parliament.The Constitution of India (as on 1 May 2024), Article 256 — Legislative Department ↗“the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose”
- Section 72 of the Disaster Management Act, 2005 gives the Act overriding effect over any inconsistent law, which is why lockdown orders under it bound every State.The Disaster Management Act, 2005, Section 72 — copy hosted by Meghalaya Police (Government of Meghalaya) ↗“The provisions of this Act, shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force”
- Ambedkar in the Constituent Assembly (4 November 1948): the Federation is a Union because it is indestructible, and no State may secede.Constituent Assembly Debates, 4 November 1948 (B. R. Ambedkar) - constitutionofindia.net ↗“The Federation is a Union because it is indestructible. Though the country and the people may be divided into different States for convenience of administration the country is one integral whole”
- Ambedkar: the Draft Constitution can be unitary or federal as time and circumstances require, federal in normal times.Constituent Assembly Debates, 4 November 1948 (B. R. Ambedkar) - constitutionofindia.net ↗“the Draft Constitution can be both unitary as well as federal according to the requirements of time and circumstances. In normal times, it is framed to work as a federal system.”
- Entry 29 of the Concurrent List covers the inter-State spread of infectious diseases, the Union's constitutional hook in public health.The Constitution of India (as on 1 May 2024) - Legislative Department, Seventh Schedule, List III ↗“29. Prevention of the extension from one State to another of infectious or contagious diseases or pests affecting men, animals or plants.”
- The Epidemic Diseases (Amendment) 2020 expanded the central government's power to regulate inspection of vehicles, ships and aircraft at ports.PRS Legislative Research - Bill Summary: The Epidemic Diseases (Amendment) Bill, 2020 ↗“The Bill expands the powers of the central government to regulate the inspection of any bus, train, goods vehicle, ship, vessel, or aircraft leaving or arriving at any land port, port, or aerodrome.”
- The Sarkaria Commission recommended that the convention of consulting States individually and collectively before Union laws on Concurrent subjects be strictly followed.Report of the Sarkaria Commission, Chapter II (Legislative Relations) - Inter-State Council Secretariat ↗“We recommended that this convention as to consultation with the State Governments individually, as well as collectively, should be strictly adhered to, except in rare and exceptional cases of extreme urgency or emergency.”
Question: UPSC's CS (Main) 2020, GS Paper II — paper ↗. Approach: Minimalist IAS, checked 3 Oct 2026 (how we verify) — UPSC publishes no model answers. ·
Model answer· 372words · Minimalist IAS
Article 1 declares that 'India, that is Bharat, shall be a Union of States'. Ambedkar told the Constituent Assembly (4 November 1948) that the Federation is a Union 'because it is indestructible'. Three laws used in 2020 show this unitary tilt, built for unity and integrity, at work.
The Constitution's centralising design
- Legislative tilt: Parliament holds residuary powers (Article 248), and its law prevails over a repugnant State law on Concurrent subjects (Article 254).
- Executive direction: Article 256 lets the Union direct States to comply with parliamentary law; emergency powers, Governors and All-India Services strengthen the centre.
Epidemic Diseases Act, 1897
- Concurrent hook: public health is a State subject, but Entry 29 of List III covers the spread of infectious diseases from one State to another.
- 2020 amendment: it widened the Union's power to inspect any bus, train, ship or aircraft, and made violence against health workers a punishable offence.
Disaster Management Act, 2005
- PM-led command: the National Disaster Management Authority, chaired by the Prime Minister, ordered a nationwide lockdown in March 2020.
- Overriding effect: Section 72 makes the Act prevail over any inconsistent law, so one national framework bound every State.
Farm Acts, 2020
- Entry 33 route: agriculture and markets are State subjects, yet Parliament used Entry 33 of List III (trade in foodstuffs) to allow trade outside State-notified mandis.
| Law | State domain | Central lever |
|---|---|---|
| Epidemic Diseases Act | Public health | Entry 29, List III |
| Disaster Management Act | Health, police on the ground | NDMA; Section 72 |
| Farm Acts | Agriculture, markets | Entry 33, List III |
Federal checks that remain
- State pushback: Punjab, Rajasthan and Chhattisgarh passed counter-bills; the Supreme Court stayed the farm laws in January 2021, and Parliament repealed them in November 2021.
- Constitutional guard: federalism is part of the basic structure (S. R. Bommai, 1994).
Way forward
- Prior consultation: the Sarkaria Commission urged that the convention of consulting States 'individually, as well as collectively' before Concurrent List laws be strictly followed, except in extreme urgency.
Ambedkar designed a Constitution that can be 'both unitary as well as federal according to the requirements of time and circumstances'. The 2020 pandemic justified the unitary mode; the farm-law reversal showed that in normal times unity is best kept by consulting States, not overriding them.
Prepared by Minimalist IAS to the answer standard of Shivam Singh (mentor, 7 years) · facts checked against official sources (how we verify) · updated 3 Oct 2026. UPSC publishes no model answers: compare your structure and coverage with this, then write your own.
