Comparative Analysis of Emergency Provisions During A Pandemic

Authors

  • Joyanta Chakraborty

DOI:

https://doi.org/10.37506/mlu.v21i3.2955

Keywords:

Pandemic, parliamentary governance, emergency, constitutional provisions.

Abstract

The novel Corona virus is a pandemic that has affected every human being on this planet, either directly
by the virus itself, or by the social and economic consequences of the same. Needless to say, this pandemic
has also had an effect on the administrations of most, if not all, the nations. This research paper seeks to
draw a comparative analysis between the powers of the Executive in India and the United States of America
during this pandemic. As we know, India follows a Parliamentary form of governance where the Prime
Minister is the Head of the Government and a system of collective leadership is followed, whereas the USA
follows a Presidential form of governance where the President is the Head of the State and the principle of
individual leadership is followed. A comparative analysis of the two States’ powers of the Executive will
enable an enhanced comprehension by highlighting important details about pandemic related legislations
like the Pandemic and All-Hazards Preparedness Act, 2006 (USA) and the Epidemic Act of India, 1897; and
help making abstract ideas more concrete. In this research paper, using the doctrinal method of research, we
will analyse the background of the pandemic via medical papers and WHO mandates, and further delve into
the executive powers of both, India and the USA during a pandemic by analysing constitutional provisions
like that of the 10th Amendment of the Constitution of the USA and the Emergency Provisions under Articles
352 to 360 of the Indian Constitution and different legislations. In conclusion, we shall see that in India,
including pandemics as a valid ground to give power to the President to impose a nationwide lockdown,
under the National Emergency clause in Article 352 of the Indian Constitution, shall prove to be beneficial.

Author Biography

Joyanta Chakraborty

Assistant Professor, School of Law, University of Petroleum & Energy Studies, Dehradun

Published

2021-06-03

How to Cite

Chakraborty, J. . (2021). Comparative Analysis of Emergency Provisions During A Pandemic. Medico Legal Update, 21(3), 1-7. https://doi.org/10.37506/mlu.v21i3.2955