Supreme Court Stays Delhi HC Order Directing MoU Between AAP Government And Centre For Ayushman Bharat Scheme

Today (17 January), the Supreme Court put a hold on the Delhi High Court's directive that required the Delhi government to enter into a Memorandum of Understanding with the Central government by 5 January for the execution of the PM-Ayushman Bharat Health Infrastructure Mission (PM-ABHIM) scheme.

Justices B R Gavai and A G Masih, forming a bench, issued an order requesting the Centre's response to the Aam Aadmi Party (AAP)-led Delhi government's appeal against the High Court order in response to a suo motu Public Interest Litigation (PIL) launched in 2017.

Dr Abhishek Manu Singhvi, a Senior Advocate representing the Delhi government, argued that the Centre's powers are restricted to topics under Entries 1, 2, and 18 in the State List, which include public order, police, and land.

However, he noted that the High Court had altered the definition of governmental powers concerning the health sector in its impunged order. The senior counsel raised concerns about the High Court's pressure on the Delhi government to agree to the MoU, a policy decision.

He emphasised that if the MoU was signed under these conditions, the Indian Government would be responsible for 60 per cent of the capital expenditure, with the Delhi government covering the remaining 40 per cent, but no part of the running expenditure.

The case revolves around the availability of ICU beds and ventilator facilities in public hospitals. The High Court highlighted that Delhi's failure to implement the PM-ABHIM Scheme, despite its adoption by 33 other States/Union Territories, was indefensible.

It emphasised that the plan must be executed in full to guarantee that Delhi's residents do not lose access to the funds and amenities it provides. Additionally, it was noted that the MoU should be signed regardless of any existing Model code of conduct, as it is intended to benefit Delhi's residents.

Before this directive, the High Court had voiced worries about the inadequate medical infrastructure for treating patients in critical condition, questioning the Delhi Government on why the infrastructure was not matching the demand.

The Court also advised the Delhi government not to postpone the implementation of the PM-ABHIM scheme on a pilot basis and later expand it to all hospitals, Live Law reported.