India e Covid-19. Le ambiguità costituzionali di un’emergenza non dichiarata

Abstract

India and Covid-19. The legal ambiguities of an undeclared state of emergency – The management of Covid-19 has brought India to a de facto state of emergency, characterized by a significant alteration of its form of state, form of government, together with a strong compression of fundamental rights. Yet, in adopting this posture, the Indian government has not resorted to the emergency provisions established by the Constitution, nor to those that allow the Central Union to exercise “centrifugal” powers in specific circumstances. In turn, the Indian states, among the various options, preferred to invoke a colonial law of 1897. The article in question seeks to investigate the reasons for these choices, placing them within the complex matrix of Indian legal culture.