Which of the following gave legal basis to extra-ordinary powers exercised by the Government of India during Lockdown?
1. Mental Health Care Act, 2017
2. Disaster Management Act, 2005
3. Enemy Propert

Question

Which of the following gave legal basis to extra-ordinary powers exercised by the Government of India during Lockdown?
1. Mental Health Care Act, 2017
2. Disaster Management Act, 2005
3. Enemy Property Act, 1968
4. Epidemic Diseases Act, 1897
Select the correct answer from the codes given below.
Codes:

UnlockIAS · Accepted Answer

Correct — C, 2 and 4. India's COVID-19 lockdown (from 24-25 March 2020) rested legally on two statutes. The Disaster Management Act, 2005 (statement 2) was invoked for the first time for a biological disaster: the National Disaster Management Authority and National Executive Committee issued binding lockdown guidelines under it, and the Union Home Secretary (as NEC Chairperson) directed all States/UTs to enforce them — non-compliance being punishable under the Act. Alongside it, the colonial-era Epidemic Diseases Act, 1897 (statement 4) empowered State governments to take special measures and prescribe regulations to contain the epidemic. Together these two Acts gave the legal basis for the extraordinary powers, so (c) is correct.

Why the other options are wrong — (a) Wrong — it includes the Mental Health Care Act, 2017 and the Enemy Property Act, 1968, neither of which underpinned lockdown powers, while omitting the Epidemic Diseases Act, 1897.  (b) Wrong — it wrongly adds the Enemy Property Act, 1968 (which deals with property of persons who migrated to enemy countries), though it correctly includes the DM Act and the Epidemic Diseases Act.  (d) Wrong — it includes the irrelevant Mental Health Care Act, 2017 and Enemy Property Act, 1968, and drops the crucial Disaster Management Act, 2005.

Concept: The nationwide COVID-19 lockdown was enforced through two laws working together. The Disaster Management Act, 2005 created the NDMA/NEC machinery whose directions bind the whole country; it was invoked for the first time against a pandemic, letting the Centre issue uniform, legally enforceable guidelines. The Epidemic Diseases Act, 1897 is a short colonial statute giving governments special powers to prescribe measures and penalise violations during an epidemic.

State PCS 2020 Q130 — Polity & Governance PYQ with Answer

State PCS 2020 Q130 — Polity & Governance PYQ with Answer