THE GIST of Editorial for UPSC Exams : 07 April 2020 (Enemy at the gates : On Kerala-Karnataka border row (The Hindu))

Enemy at the gates : On Kerala-Karnataka border row (The Hindu)

Mains Paper 2:Governance 
Prelims level:Kerala Epidemic Diseases Ordinance 2020
Mains level:Inter states disputes relating to health pandemic 

Context:

• Kerala’s grievance over Karnataka sealing its border to prevent the spread of COVID-19 has brought under focus the extent and the possible limits, of restrictions that may be imposed by the government to deal with a public health emergency. 
• Kerala High Court directed the Centre to ensure free vehicular movement for those requiring urgent medical treatment on the national highway that connects Kasaragod in Kerala to Mangaluru in Karnataka. 
• Post it, the Supreme Court too has directed the Centre to confer with the States and formulate the norms for creating a passage at Talapadi, the border. 

Need to open the border:

• An amicable solution is possibly round the corner, as there are reports of Kasaragod district suffering due to the highway closure. 
• Many here depend on medical facilities in Mangaluru for emergencies, while others rely on inter-State movement for essential medicines to reach them. These include those battling endosulfan poisoning for many years. 
• Karnataka’s objection is based on the fact that Kasaragod has Kerala’s largest number of positive cases. It has a reasonable apprehension that allowing vehicles might result in the disease spreading to its territory. 
• It is clear that those who may travel across the border for urgent medical needs are patients other than those who are pandemic victims. 

CLICK HERE FOR FULL EDITORIAL (Only for Course Members)

Kerala Epidemic Diseases Ordinance 2020:

• The Kerala Governor promulgated the ‘Kerala Epidemic Diseases Ordinance, 2020’ to arm itself with extraordinary powers to deal with the pandemic. 
• One of its clauses says the State can seal its borders for such period as necessary, while another empowers it to restrict the duration of essential or emergency services, including health, food supply and fuel. 
• Karnataka may have reason to believe that it is equally entitled to seal its borders and restrict essential services. 
• It is a moot question whether Kerala’s new law would weaken its case that its neighbour cannot shut down its border and deny medical access to its residents. 

Conclusion: 

• Inter-State migration and quarantine are under the Union List, while the prevention of infectious diseases moving from one State to another is under the Concurrent List. 
• This can only mean that while States have the power to impose border restrictions, the responsibility to prevent a breakdown of inter-State relations over such disputes is on the Centre.

CLICK HERE FOR FULL EDITORIAL (Only for Course Members)

Online Coaching for UPSC PRE Exam

General Studies Pre. Cum Mains Study Materials

Prelims Questions:

Q.1) Consider the following statements:

1. The Supreme Court is not a 'public authority under the Right to Information Act, 2005.
2. While appointing the Supreme Court Judges, the President of India has to consult the Chief Justice of India.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer..............................

CLICK HERE FOR FULL EDITORIAL (Only for Course Members)

Mains Questions:
Q.1) Recently Kerala-Karnataka border issue poses questions on restrictions, relations during a pandemic.In this context what are the measures needed by both state governments to resolve the issue.