Disaster Management and Indian Federal Structure

Abstract

India has a history of being particularly susceptible to disasters specifically natural disasters considering its particular climatic characteristics and demographic features. India's susceptibility and vulnerability is greater than that of advanced nations due its social demography. Federal and healthcare systems have been put to the test as a result of the COVID 19 outbreaks over the world. Since no single jurisdiction can handle the situation on its own, the pandemic has highlighted the need to promote cooperative federalism. The constitution of India permits the Union government to take the initiative in collaborating with and assisting the states in exceptional situations like disasters. The Disaster Management Act 2005 and the Epidemic Diseases Act 1897 provide the legal framework for these initiatives. The overlapping of jurisdiction raise pertinent question about the maintenance of basic structure doctrine of the constitution as during disasters the administration of India tilt towards more as unitary than federal. This paper discusses about the dynamics of centre-state relations in India during the time of disasters.