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In the order just announced in India extending the lockdown, once can see the reckless assault on the constitution that the Union Home Ministry is mounting. Short thread.
In an order under the Natl Disaster Management Act (which the NDMA should be actually announcing), MHA is "ordering" state govts, others to issue orders under Section 144 of the CrPC. Leave alone the Union Home Ministry even State CMs are supposed to defer to District Magistrates
+ a range of other directions. The National Disaster Management Act is a law passed by the Union Parliament, mostly under the concurrent list and residuary powers of the Union under the Constitution. It cannot be used to legally compel state govts on issues under the states list.
Ultimately the problem is the Union Ministry for Home Affairs is too used to a being a control-restrict-deny Ministry in the colonial mold. The federal Republic of India is not the British Raj. If the Home Ministry wants to direct states to take a path, speak & convince State CMs
Stop "ordering" states on matters beyond your constitutional powers. Or, be open about what you want to do, and declare a national emergency under the constitution. Stop using the National Disaster Management Act to undermine, bypass the Constitution of India.
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