FEDERALISM AMIDST COVID-19:

AMERICA AND INDIA

Amidst this COVID-19 crisis which has overtaken every possible landscape of life and
thoughts of individual around the world. It has also given an opportunity to test our system
whether it is medical, law and order and even our political structure is also being put to test
during this crisis. Whether it is a news of Gavin Newsom deciding to call California a ‘Nation-
State’ because of the failure of the Trump’s Administration to respond and move quickly to
meet the need of various states.[i] Though, indeed, California has always had a unique position
within the United States and was never shy about it. In 1846, a group of American settlers
rebelled against Mexican authorities to even declare a “Republic of California”.[ii] After this
little history shot let’s return to our issue.

Federalism refers to various political power relationships between governments within the
same geographical setting. The most important aspect of the federalism is “use of power”
because, for democracies, the government is the official forcible authority regarding many
decisions that affect the people, values and resources. Thus, Federalism is the organizational
device through which governments manage powers.[iii] Father of Indian Constitution Dr
Bhimrao Ambedkar had a strong faith that federalism would rest on a balance between centre
and the federal units which neither gives complete independence nor total dependence, but
interdependence which creates harmony and prosperity allowing diversity while providing for
diversions. Through this article I want to address these two issues:

1. Is the current federal structure giving an adequate response to the current COVID-19
situation?

2. Is it the right time to move beyond this kind of federal set up post-COVID-19 crisis?

AMERICA

American federalism is often considered as a great political experiment and has always been
the novel design that has resulted in a template for countless other governments across the
whole world.[iv]
Basically, there are four different and important characteristics of federalism i.e. consensus,
cooperation, conflict and chaos which interact with values, issues and policymakers in distinct
combinations and patterns.[v] In American federalism, there is limited powers and
responsibilities with the federal government while the remaining power is with the
states.[vi]American federal system is not a simple decentralized hierarchy. The state is the
administrative units that only exist for the purpose of implementing the policies of the central
government rather they are fully functional constitutional polities in their own right. It was
expected by the framers of the American constitution that the state will be leading the
policymakers in the federal system.

Under the recent COVID-19 crisis and the absence of national leadership, states and cities have
stepped up to take charge. San Francisco early on took charge and steps to mitigate the spread
among the city’s highly vulnerable homeless population.[vii] New York state has enacted a 90-
day moratorium on evictions.[viii] Cities like Seattle and Columbus are issuing emergency
vouchers to help people to but food. Till now it has always been the governors and mayors who
are deciding the how strenuously to respond for example Republican Governor Mike DeWine
from Ohio have won praises for decisive actions. It is only proving that the federal government
has been sort of behind the times. Though the conservatives are cheering this as the triumph of
the federalism, presenting it as the proof that the founders’ model of splitting the
responsibilities between the states and the central government still works but the stats of how
worse the United States of America is hit by the first wave of the COVID-19 altogether states
a different story. Total COVID-19 affected tally stands right now at 7,10,272 in the United
States with the death tally at 37,175. During the daily coronavirus task force briefing on 3rd
April 2020, Donald Trump blamed states for the shortages of medical equipment. Even during
this deadly pandemic, he goes to tell the various states that aid for the federal government
should be the “last resort”. Far from encouraging competition and thwarting authoritarianism,
the ambiguous division of powers has effectively fractured the country. Now the immediate
responsibility of handling the pandemic lies with the “2,684 state, local, and tribal public health
departments.” This patchwork of competing jurisdictions and overlapping authorities is too
creaky to handle a pandemic of this kind.

The encounter with COVID-19 is a perfect case study regarding America’s deep-rooted
dysfunction. The Atlantic’s Derek Thompson has described America’s effort during this
pandemic as “a kind of grotesque caricature of American federalism.” It is very difficult to
imagine at this point anything going back to the normal. But when this is all over, it will be the
best time to give a hard look on how effective was the current federal structure to handle a
crisis brought about by a virus emanating from an obscure city in central China that within two
months brought the political system in America to kneel.

Harvard Scholar Archon Fung in Politico, wrote “Just as the trauma of fighting World War
II laid the foundation for a stronger American Government and national solidarity. The
coronavirus crisis might sow the seed to new kind of civic federalism, in which states and
localities become the centres of justice, solidarity and far-sighted democratic problem-
solving.”

This crisis really offers an onetime opportunity for Americans to rebuild the American political
system.

INDIA

India is a multi-ethnic, multi-culture, multi-lingual, nation-state. Therefore, framers of our

constitution suggested strongly advocated for the federal structure of the union. Dr Bhimrao
Ambedkar strongly regarded federalism is basically connected with a democratic system and
national unity and security. Article 1[ix] of the Indian Constitution, which reads, India shall be
a union of states. Justification for the use of the word “Union” was on two grounds:

1. Coming of federalism in India is different from coming of federalism in the United States as
here it is not a result of an agreement among the units.

2. The constituent units of the Indian federalism do not have the right to secede from the union.
Dr Ambedkar and other framers of the constitution framed our constitution so beautifully that
places the union at the centre and the states at the periphery. It does not mean a league of small
states united in a loose relationship nor formation of any agency of the union, but both the state
and centre derives its power from the constitution. So Indian Constitution has adopted a mid-
way between the centralization and decentralization of power and various articles like Article
246[x] of Indian Constitution and seventh schedule[xi] of Indian Constitution is the proof of
that.

India and America started their fight against the current pandemics almost at the same time. In
overall health system efficiency of various countries who are the member of W.H.O, the United
States ranked 37th and India was ranked 112th out of the 191 member countries.[xii] But the
efforts of both countries during the COVID-19 crisis tells a different story altogether. The
efforts of various Chief Ministers coordinating among themselves and the centre to bring back
the people stranded outside their home states.[xiii] The centre is playing its role more actively
in guiding the states and providing them with necessities during this lockdown. Prime Minister
of India Narendra Modi has till now taken around 4 meetings with the Chief Minister of various
states. Prime Minister also called on various stakeholders before calling for the second round
of lockdown. States have the responsibility of implementing and ensuring the complete blanket
lockdown across the country after the Disaster Management Act, 2005[xiv] was evoked.
Initially, it seemed that centre will only be leading the states, but after 24 days of lockdown, it
seems now the states are in control and leading jointly with the centre, whether it is health
insurance being provided by Bengal, providing care to marginalized by Delhi or the start of
pool testing by Uttar Pradesh.

The COVID-19 pandemic crisis is different as it has affected every state. From Kashmir to
Kerala, the Northeast to the western coast, every local administration has been galvanized. The
central government has policy power under its belt and the health and infrastructure that
delivers services on the ground is with the states. States are learning from each other. India’s
federalism has been in full bloom. The best practices of the various states showcase our
federalism and establish the real strength of India. India is really defeating the odds and making
its federalism structure work.
[i] Is California a Nation-State? By Jill Cowan, published- 14th April 2020: Available
at https://www.nytimes.com/2020/04/14/us/california-coronavirus-newsom-nation-state.html

[ii] Bear Flag Revolt, June – July 1846: Available at https://www.britannica.com/event/Bear-

Flag-Revolt

[iii] Larry N.Gerston, American Federalism: A Concise Introduction, M.E Sharpe, Inc., USA,
2006, p. 5

[iv] Larry N. Gerston, 2006, p. 5

[v] ibid

[vi] Dialogues on Legislative and Executive Governance in Federal Countries, Vol. 2, Mc-
Gill Queen‟s University Press, Canada, 2003, pp. 33-35, p. 33

[vii] 4 things San Francisco did right to control the coronavirus, Published by- Edwin Rios,
date- 31st March 2020: Available at: https://www.motherjones.com/coronavirus-
updates/2020/03/4-things-san-francisco-did-right-to-control-the-coronavirus/

[viii] BREAKING: New-York will implement 90-Day Moratorium on evictions, Published

by- Alec Meeker, Date- 20th March 2020: Available
at https://bushwickdaily.com/bushwick/categories/news/6488-breaking-new-york-will-
implement-90-day-moratorium-on-evictions

[ix] Article 1 of Indian Constitution, 1950: Available

at https://indiankanoon.org/doc/1406924/

[x] Article 246 of Indian Constitution, 1950: Available

at https://indiankanoon.org/doc/77052/

[xi] Seventh Schedule of Indian Constitution, 1950: Available

at https://www.mea.gov.in/Images/pdf1/S7.pdf
[xii]Measuring overall health system performance for 191 countries, P.18: Available
at https://www.who.int/healthinfo/paper30.pdf

[xiii] https://economictimes.indiatimes.com/news/politics-and-nation/strength-of-federalism-
has-given-major-boost-to-fight-against-covid-19-soren/articleshow/75064042.cms?from=mdr

[xiv] Disaster Management Act, 2005: Available

at https://www.ndmindia.nic.in/images/The%20Disaster%20Management%20Act,%202005.
pdf