Essential Services Maintenance Act

(ESMA) is an act of Parliament of India which was established to ensure the delivery of certain services.

CONTEXT

The Uttar Pradesh government has extended the Essential Services Maintenance Act in the State.

The Essential Services Maintenance Act (ESMA) is an act of Parliament of India.

This include services like public transport (bus services), health services (doctors and hospitals).
The ESMA is a law made by the Parliament of India under List No. 33 in Concurrent List of 7th Schedule of Constitution of India.

It was established to ensure the delivery of certain services, which if obstructed would affect the normal life of the people.

These include services like public transport (bus services), health services (doctors and hospitals).
ESMA gives police right to arrest without a warrant anybody violating the Act’s provisions.

The ESMA is a law made by the Parliament of India under List No. 33 in Concurrent List of 7th Schedule of Constitution of India.

Although it is a very powerful law, its execution rests entirely on the discretion of the State government.
Each state in the union of India, hence has a separate state Essential Services Maintenance Act with slight variations from the central law in its provisions.
This freedom is accorded by the central law itself.

For any violations in specific regions, State governments alone or together with other state government can enforce their respective act.
Each state has a separate state Essential Services Maintenance Act with slight variations from the central law in its provisions.
Hence, in case the nature of strike disrupts only a state or states, then the states can invoke it.
In case of disruption on a national scale, especially railways, the ESMA 1968 can be invoked by central government.