Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure
COVID-19: Inter-State Movement (Kerala-Karnataka Case study)
The lockdown imposed by authorities in the wake of COVID-19 pandemic has restricted inter-state movement which has opened up the questions on Federalism in India.
This has been exemplified in the Kerala-Karnataka border issue
Brief Background of the issue
NH-66 connects the Kasargod district of Kerala with Mangalore of Karnataka
Many in Kasargod district of Kerala depend on medical facilities in Mangalore for emergencies, while others rely on inter-State movement for essential medicines to reach them
Karnataka had closed the NH on 21stMarch, which was opposed by Kerala
Karnataka’s actionwas based on the fact that Kasaragod has Kerala’s largest number of positive cases of COVID-19
What has been Judiciary’s stand on this?
The Kerala High court observed that the Mangaluru-Kasaragod stretch was part of the National Highway network and has directed the Centreto ensure free vehicle movement on this stretch.
Karnataka contended that it was not bound to act on an order issued by the Kerala High Court.
Centre is yet to act on this order
Concerns raised in this issue
Article 21: Denying emergency medical aid amounts to a violation of the right to life and liberty
Similar actions by Kerala government
Kerala Governor promulgated the ‘Kerala Epidemic Diseases Ordinance, 2020’ to arm itself with extraordinary powers to deal with the pandemic.
One of its clauses says the State can seal its borders for such period as necessary – similar to what Karnataka government has done
Another provision empowers Kerala government to restrict the duration of essential or emergency services, including health, food supply and fuel
Human Rights Vs State’s Public Health Security
Whether legal measures taken by the State to prevent the further spread of an epidemic can extend to a point where there is no exception even for medical needs
Division of Power:
Inter-State migration and quarantine are under the Union List
While the prevention of infectious diseases moving from one State to another is under the Concurrent List.
This means that States have the power to impose border restriction
However, the responsibility to prevent a breakdown of inter-State relations over such disputes is on the Centre.
Way Ahead
The concern of Karnataka is legitimate given that there is a danger of spread of infection from a district which is an hotspot of the COVID-19.
Nevertheless, its actions should not cause constraints on movement of essential medicinal supplies
Centre has to broker an agreement between both states at least for the movement of essential items needed for health & survival.
