As the pandemic has a lasting effect, there is no doubt that more hearings will take place virtually. This change in the judicial system could be the turning point in the Indian legal landscape as online dispute resolution is conducted and adopted in a comprehensive manner. Moreover, with the remarkable reach of the Internet today, it will provide access to justice for all while addressing health concerns. The shipping industry is likely to be affected in many ways: not only by disruptions in travel to and from China, but also by delays in other countries due to quarantine and port controls due to suspected cases or cases of coronavirus among crews and passengers on board ships. Delivery of goods may be delayed or it may be necessary to unload cargo at other ports or temporary, resulting in costly consequences, logistics and insurance consequences. The construction of new ships as well as planned repairs and upgrades of ships are delayed due to the impact of the outbreak on the Chinese workforce, which could have a negative impact on operational plans. There have already been press reports that Chinese energy companies may consider rejecting planned LNG shipments, citing force majeure, as domestic demand weakens. For the first time since independence, India is facing a major health emergency in the form of the COVID-19 pandemic. The decision to impose a national lockdown by the central government using the powers conferred by Article 6(2)(i) of the DMA has raised some questions from legal experts (Daniyal, 2020). The Interior Department`s communication to all state governments dated March 24, 2020 called on all state and UT governments to send daily reports on how they are implementing the lockdown. Since then, the Department of Health and Welfare has issued guidelines on various precautionary measures to be taken by all state or UT governments. However, there is resistance to the constitutional and legal validity of issuing stay-at-home orders under the DMA.
The central government`s opposition to the implementation of the lockdown is based on two reasons. First, imposing lockdown on all activities in states and directing district judges who otherwise receive instructions from state governments to implement lockdowns during the COVID-19 outbreak violates the spirit of the Constitution, as public order and health and sanitation fall under the state list. The central government has formed the Central Inter-Ministerial Teams (IMCTs) under Article 10(2) of the DMA to conduct field visits to all states and UTs instead of forming an intergovernmental council under Article 263 of the Constitution of India (Owaisi, 2020). Secondly, during this period of lockdown, there is a lack of fiscal and monetary support from the central government to the state/TU governments. During this pandemic, the central government has taken the decision to control COVID-19 and is largely dependent on existing legal instruments such as ACN and DMA. Safety and protection of lives is the main goal of a lockdown, and it was the only option for the country to control the virus, as there is currently no vaccine. Narendra Modi held video conferences with the premiers of the respective states/UT governments as well as other government officials and took into account their concerns and suggestions (Kumar, 2020). The decision to impose the lockdown three times, and then extend it, was taken by the central government after consultation with prime ministers. In terms of fiscal and monetary assistance to federal entities, the central government has launched fiscal stimulus programs such as the Pradhan Mantri Garib Kalyan Yojana. Although the stimulus package represents less than 1% of GDP, much remains to be done in the post-lockdown period (Dhar, 2020).
The central government must focus on strengthening constitutional and legal provisions to deal with a future health emergency and preserve the basic structure of the constitution. « Frustration is an act external to the contract that makes it impossible to conclude the contract. » The doctrine of impediment is an aspect or part of the right to perform the contract by reason of the impossibility or illegality of the agreed act and therefore falls within the scope of section 56 of the Indian Contracts Act.