The entirety of our world is facing an air of uncertainty, confusion, and conflict due to the pandemic. For a country like India, which has several states and union territories, a population of nearly 1.3 billion people, and a spectrum of diversity, the principle which protects the sanity of this hierarchy is federalism. India has been a host to several types of federalisms that have surfaced in different times since independence. However, lately this particular idea of federalism has been slightly dented due to conflicts between the centre and different states especially in the times of COVID-19 pandemic.
When our government has convinced us and the world that we are in the “endgame” of the pandemic, the more precarious version of the contagion, constantly knocking on the doors, banged and created a catastrophe, which affected nearly every one of us. We all might not be in the same boat but we were in the same hurricane. Apart from the scantiness of oxygen, hospital beds, medicines, ventilators, and vaccines, we Indians are also continuously facing the dearth of necessity, from the first wave itself, that is known as the livelihood. Supreme Court and High Courts, raised their brows on the insufficiency of all the covid – related necessities. However, they didn’t show concern towards the breach of right to livelihood. It is an intrinsic and germane part of enforceable fundamental rights as well as unenforceable Directive Principles of State Policy [“DPSP”]. The issue of lack of livelihood or unemployment hasn’t surfaced today, at the time of covid, but has been present for years. However, due attention must be given to the loss of livelihood that has spiked in the pandemic. To add on, there is an inevitable third wave waiting round the corner.
[Editor’s Note: The Central Government revised its policy on 7th May 2021 wherein the Prime Minister announced that the Central Government will procure the vaccines on behalf of the States (75% of the vaccines) and it will be free for everyone above 18 years of age. The change in the policy came after the Supreme Court’s 31st May order*.]
In mid-January 2020, the Government of India planned the vaccination drive in different phases; for example, in the first phase of the vaccination drive the focus was on the Front-line workers (doctors, paramedics, etc.) as they are at higher risk. The second phase of vaccination was further divided into two parts, firstly, to all the individuals above 60 years of age and then everyone above 45 years of age. Then, in the beginning of May, that is, in the third phase, the Government has allowed everyone above 18 years of age to get vaccinated. As India marked the beginning of its third phase of vaccination, the country is facing a huge vaccine shortage (it has been reported here, here and here and in various other news channels and reports). To tackle this shortage the central government asked the states to float the global tender. But the question arises is it the State Government’s responsibility to enter into foreign trade, or is it a central government duty to import the vaccines and distribute them among the states?
As of today, on 8th May 2021, many big cities in India are facing acute shortage of oxygen, despite the warning of contempt action from the Hon’ble Supreme Court of India. In Delhi, the National Capital, the citizens are being compelled to stand in long queues for eight hours to get their oxygen cylinders refilled. Some of them are successful, while others are unfortunate as they are not able to get their cylinders refilled on time. The healthcare system has collapsed. The centre claims that there is enough oxygen for every state, but still it is not being delivered to the breathless citizens. What is happening? We all know about the oxygen issues. But in this post, I would like to offer a solution for this oxygen shortage problem.
