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Constitutionality Of Lockdown


The entire country is under lockdown as announced by the Prime Minister on March 24 2020.It came out to make the practise ‘Social Distancing’ nation wide.Law and Order and Public health are the sectors that come under State List and We need to look about the powers of Centre to pass this order under the ‘Disaster Management Act’ 2005. Article 245 and 246 lays down the separation Of powers as well as distribution Of legislative Subjects between State and Centre.It does so by creating Centre list,State list and Concurrent List.As it is already mentioned,Public health and Law and order always comes under the state list.However in some cases Concurrent List enables state and Centre to make laws regarding the spread of disease from one state to another.Also The doctrine of Repugnance mentioned by the Supreme Court give us the conclusion that If both central and state act comes, Central act will prevail.Therefore it is very well evident that It is constitutionally valid to have the primacy of Central Act against State act.