​Can we challenge government directives related to lockdown in court?

Since the government directives have been issued by the Home Secretary, Ministry of Home Affairs, Government of India while exercising the power conferred under Section 10(2)(l) of Disaster Management Act 2015 (“DMA”) acting in the capacity as Chairperson, National Executive Committee, it has been issued well within the power delegated to the ministry and is binding upon all concerned.

Section 10(2)(l) of DMA empowers National Executive Committee to give directions to, the concerned Ministries or Departments of the Government of India, the State Governments and the State Authorities regarding measures to be taken by them in response to any threatening disaster. Section 51 of DMA prescribes Punishment for obstruction, etc. against whoever, without reasonable cause refuses to comply with any such direction. As per Section 71 of DMA, no court (except the Supreme Court or a High Court) shall have jurisdiction to entertain any suit or proceeding in respect of any such direction and in terms of Section 72 of DMA, the Act shall have an overriding effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

Therefore, the directives can be challenged in the court in case if the same are violating any rights of any individual, however, till such time the above order by Ministry of Home Affairs is not modified or set aside by a competent court i.e. High Court / Supreme Court, the said order is binding and remains in force.