Our constitution enshrines provisions for good governance, distribution of powers, fundamental rights including protection of life and liberty, right to equality among its citizens, freedom of expression. It also provides for fundamental duties, directive principles of state policy and many other provisions.
However, one of its most unique features is that it is a blend of both rigidity and flexibility in that it can be amended with procedures laid under Article 368. It also enshrines emergency provisions but in present time when whole country is fighting with COVID-19 pandemic, there is a need to insert “HEALTH EMERGENCY as Article-352-A” to deal with any such health emergency arising in future.
Suggested draft to Government of India is as follows-
Article 352-A. Health Emergency –
If the President is satisfied that there is a grave pandemic outbreak in country then he can by a Proclamation, make a declaration to that effect in respect of whole India or of such part of the territory thereof as may be specified in Proclamation. That such proclamation may include (a) countrywide lockdown or in a specific part of a territory for a particular time period, (b) ensuring distribution of essential commodities among citizens, prevention of black marketing by issuing directions to states and union territories, implementation of such in accordance with Ministry of Consumer Affairs, Food and Public Distribution and Food Corporation of India, (c) working of banks and educational institutes with safety measures in accordance with Ministry of Finance, Human Resource Ministry, Reserve Bank of India, (d) ensuring the safety of medical teams including doctor and paramedical staff during investigation of patients, collection of samples, data, visiting contaminated areas, (e) deploying police and para military personnels for maintenance of law and order in country or in any part of the territory and ensuring strict maintenance of social distancing through law enforcement agencies. Home Ministry to issue orders and circulars for such at both central and state levels, (f) Ministry of Health and Family Welfare with Ministry of AYUSH to issue guidelines for preventing citizens from infection including safety measures to be followed during pandemic and distribution of medicines to increase immunity, (g) extending facilities of sale and purchase of agricultural produce to farmers in krishi upaj mandis in a controlled manner with safety measures and payment facilities in accordance with Ministry of Agriculture and Farmer’s Welfare and at State level also, (h) maintenance of power (electricity) supply throughout the country in accordance with Ministry of Power, State Electric Boards and private power supply sector. Employees to be provided with adequate safety equipments both health and technical, (i) limiting working hours of employees with adequate safety measures in both public and private sectors by both central and state governments through concerning departments in consultation with Ministry of Labour, Ministry of Textiles, Ministry of Mining, Ministry of Petroleum and Natural Gas and other concerning Ministries engaged in similar kind of work in consultation with Ministry of Home Affairs,
Remaining parts of the draft deals with working of all the three tiers of government and Courts through video conferencing along with roles of Ministry of Road Transport and Highways, Ministry of Railways, Ministry of Home Affairs and Ministry of Civil Aviation.
Explanation, Procedures and Proviso can be taken from Article-352 by making changes in operational and expiration time.
(The writer in an Ujjain-based advocate and lifetime member of High Court Bar Association, Indore)
The views expressed are his own.
