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:
- (a)1, 2 and 3
- (b)2, 3 and 4
- (c)2 and 4
- (d)1, 3 and 4
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.
- (a)1, 2 and 3 — 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)2, 3 and 4 — 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)1, 3 and 4 — Wrong — it includes the irrelevant Mental Health Care Act, 2017 and Enemy Property Act, 1968, and drops the crucial Disaster Management Act, 2005.
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.
Eliminate the obvious misfits: the Mental Health Care Act, 2017 (rights of persons with mental illness) and the Enemy Property Act, 1968 (property of migrants to Pakistan/China) have nothing to do with epidemics or lockdowns. That leaves the Disaster Management Act, 2005 and the Epidemic Diseases Act, 1897 — statements 2 and 4, i.e., option (c).
- Disaster Management Act, 2005 — invoked for the first time for a biological/health disaster during COVID-19
- NEC directions under the DM Act made the lockdown guidelines binding on all States/UTs, with penalties for violation
- Epidemic Diseases Act, 1897 — colonial-era law empowering special measures and regulations to contain an epidemic
- Mental Health Care Act, 2017 and Enemy Property Act, 1968 are unrelated to lockdown powers
Answer (c): only the Disaster Management Act, 2005 and the Epidemic Diseases Act, 1897 (statements 2 and 4) underpinned the lockdown.
- Picking options that include the Mental Health Care Act, 2017 or the Enemy Property Act, 1968
- Forgetting that the DM Act, 2005 — not a constitutional emergency provision — was the primary legal vehicle for the lockdown
UPPSC/UPSC test which laws enabled the COVID-19 response, the DM Act's NDMA/NEC machinery, and the Epidemic Diseases Act (1897) and its 2020 amendment, often as a multi-statement 'which are correct' item.
No directly related past PYQ was found.
- practice — not a real PYQ
The National Disaster Management Authority (NDMA) was set up under which Act?
- (a)The Epidemic Diseases Act, 1897
- (b)The Disaster Management Act, 2005
- (c)The National Security Act, 1980
- (d)The Environment (Protection) Act, 1986
Answer(b) The Disaster Management Act, 2005 — it created the NDMA, chaired by the Prime Minister.
- practice — not a real PYQ
The Epidemic Diseases Act was amended in 2020 primarily to
- (a)create the NDMA
- (b)protect healthcare workers from violence during epidemics
- (c)impose a nationwide lockdown
- (d)regulate vaccine pricing
Answer(b) protect healthcare workers from violence — via the 2020 Ordinance/amendment.