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COVID 19 PRODDED THE LIST OF EMERGENCIES: AN EXIGENCY TO AMEND THE INDIAN CONSTITUTION?

By Era Gupta & Vrinda Garg

Covid-19 has unveiled the impotency of the Indian democracy that is hinged upon the individuals pivoting on the system. The aggressive laws of DMA and EDA have yet again proved to be cumbersome and their application is, in today’s time, nothing more than a fiction. They have left open many caveats that certainly transgress the fundamental right to health guaranteed by the constitution to every citizen of the country. The discord between the Centre and the State, along with inefficient laws, are some of the principal causes that have emanated in the maladministration to counter the virus across States. India, being the second populous country in the world, cannot relinquish on the health sector just because of some incompetent legislation and administration. This paper, based on these arguments, tries to analyse the most viable solution to these problems, that is of including ‘Health Emergency’ in the list of emergencies mentioned in Part XVIII of the Constitution.

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