PM Modi, listen to CMs’ ‘mann ki baat’

The Constitution of India provides a federal government system with a division of powers between the Centre and the states. The Supreme Court is the guardian of the Constitution that adjudicates the disputes between the Centre and the states. The Centre has some powers to override the states in some situations. The states are not fully autonomous. The Centre can change the names and boundaries of the states and can also dismiss state governments if they fail to govern as per constitutional provisions. The President, constitutional head of the Union government, appoints the Governor, who plays a significant role as a link between the Centre and the states, on the Prime Minister’s advice. Yet, although the states have limited autonomy under the constitutional scheme, the Centre is not the master of the states. The states get support from the people and are competent to exercise their powers within the constitutional boundaries.

The Covid pandemic has demonstrated some of the dominating features of our federal system. Surprisingly, during the first wave of the pandemic, the Union government centralised all powers in its hands and treated the states as though they were municipalities or subordinate bodies. The Centre made all important decisions relating to the lockdown/unlocking under the Disaster Management Act and Epidemic Control Act, and the states were left with no option but to act as per the directions of the Centre.

Interestingly, the Prime Minister played the ‘Chief Commander’ in the war against the pandemic during the first wave. He addressed the people directly on TV several times and announced the lockdown himself without making proper plans or consulting with the states. As a result of this Tughlaqi firman, millions of migrant workers lost livelihoods, thousands lost lives. However, during the second wave of the corona pandemic, the Centre ‘decentralised’ the powers to manage the Covid crisis and asked the states to make necessary decisions about the lockdown/unlocking areas, etc., to contain the spread of the coronavirus. More than a dozen states imposed various kinds of lockdowns or curfews to contain the virus. The lockdowns are being eased as the second wave subsides, but some restrictions are expected to be in force at least for a few more weeks. Sadly, lakhs of people died during the second wave of the pandemic because of the shortage of oxygen, hospital beds, and essential drugs. Was it a well-planned tactic of the Centre to shift the burden to the states once things got out of control, after the Union government and the Prime Minister himself had claimed victory over the virus?

There are also some issues like the availability of essential drugs and vaccines that became a bone of contention between the central and state governments. It is widely believed that the Centre abandoned the states and left them at the mercy of God. This problem was noticed in the states that are governed by non-BJP governments like in Delhi, West Bengal, Jharkhand, Maharashtra, etc., which have political differences with the Modi government. Better coordination was the need of the hour. It was not the time to play politics. The Centre has a big responsibility to provide sufficient vaccines and drugs to the states to fight against the Covid pandemic, rising above party-level differences and ideologies at a time of grave public health crisis. This is the time when all governments should fight collectively against the invisible enemy that has ruined the lives of millions in the country.

Recently, Prime Minister Modi had called a meeting of District Magistrates as well as Chief Ministers to discuss the Covid situation in their states and areas. After the meeting, West Bengal Chief Minister Mamata Banerjee criticised the Prime Minister for bypassing the state governments and taking Chief Ministers for granted and interacting directly and only with the DMs instead. She charged that PM Modi did not allow the Chief Ministers to speak in the meetings, and so she felt humiliated. A fortnight earlier, Jharkhand CM Hemant Soren had also said that the Prime Minister does not listen to the states and always conducts one-way communication. He said that PM Modi should also listen to the states to solve their problems.

These developments reflect poorly on the working of the federal government. There is a great need for better coordination between the Centre and the states to save people’s lives and livelihoods during this difficult time. The Prime Minister and other Union ministers have the full right to get feedback/suggestions from the state officers but only by taking the elected state governments into confidence. They should involve the Chief Ministers in such deliberations to avoid any misunderstanding.

Notably, there is nothing wrong if the Prime Minister talks to the District Magistrates or other state officers, but he should always take the elected governments into confidence. It would also be helpful to have a broader understanding of things. Admittedly, the District Magistrates are mostly drawn from the Indian Administrative Service, effectively controlled by the central government, but when these officers work in their respective cadres, they cannot ignore the directions/instructions of the state government, led by the Chief Minister. And no Chief Minister will appreciate it if central ministers or even the Prime Minister talks to the officers directly without engaging the Chief Minister or his/her representatives in such conversations.

The situation becomes worse in the case of states governed by opposition political parties that have political differences with the ruling party at the Centre. In such a situation, both sides have to act harmoniously by maintaining constitutional propriety, official protocol and a civil discourse. Chief Ministers are elected constitutional functionaries whose voice matters a great deal. The Centre cannot take them for granted. They should be treated with respect, dignity and constitutional propriety and courtesy. Constitutional morality demands it.

(The writer is a Supreme Court advocate)