Supreme Court stays Delhi High Court directive on PM-ABHIM scheme MoU

SC halts Delhi HC’s order for MoU signing for PM-ABHIM scheme implementation

The Supreme Court on Friday stayed the Delhi High Court’s directive requiring the Delhi government to sign a Memorandum of Understanding (MoU) with the Central government by January 5 for implementing the PM-Ayushman Bharat Health Infrastructure Mission (PM-ABHIM).

SC issues stay order

A bench comprising Justices B R Gavai and A G Masih issued the stay while seeking a response from the Central government to the Delhi government’s appeal against the High Court’s order. The appeal stemmed from a suo motu Public Interest Litigation (PIL) initiated in 2017, addressing gaps in healthcare infrastructure.

Delhi government’s arguments

Senior Advocate Dr. Abhishek Manu Singhvi, representing the Aam Aadmi Party (AAP)-led Delhi government, argued that the Centre’s authority in health-related matters is limited under the State List to areas such as public order, police, and land. He contended that the High Court’s order effectively redefined the distribution of governmental powers concerning health policy.

Dr. Singhvi highlighted that the High Court’s directive compelled the Delhi government to agree to an MoU that would allocate 60% of the capital expenditure to the Central government and 40% to the Delhi government. However, operational costs would fall solely on the Delhi government. He further noted that Delhi’s existing health scheme already provides broader coverage than the PM-ABHIM initiative.

High Court’s perspective

The High Court had criticized Delhi’s refusal to implement the PM-ABHIM scheme, pointing out that 33 other states and Union Territories had already adopted it. It underscored the importance of executing the scheme to enhance Delhi’s medical infrastructure, ensuring access to ICU beds and ventilator facilities in public hospitals.

The High Court emphasized that the scheme’s implementation should not be delayed, regardless of the Model Code of Conduct, as it directly benefits Delhi’s residents. It also urged the Delhi government to consider implementing the scheme on a pilot basis before scaling it up across all public hospitals.

SC’s interim relief

After hearing the arguments, the Supreme Court stayed the High Court’s order and issued a notice regarding the petition. This decision provides interim relief to the Delhi government, which had expressed concerns about the scheme’s financial and policy implications.

Broader implications

The case highlights the ongoing tension between the Delhi government and the Centre over governance in the national capital, particularly in areas like health policy. It also raises questions about balancing state autonomy with federal initiatives aimed at improving healthcare infrastructure nationwide.

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