SC stays HC decision ordering Delhi govt, Centre to enter MoU on Ayushman Bharat scheme

17 Jan, 2025 3:41 PM
SC stays HC decision ordering Delhi govt, Centre to enter MoU on Ayushman Bharat scheme
New Delhi, Jan 17 (IANS) In an interim order passed on Friday, the Supreme Court paused implementation of the Delhi High Court's decision, which had asked the city government and the Union Ministry of Health and Family Welfare to enter into a Memorandum of Understanding (MoU) for implementing Ayushman Bharat scheme in the national capital.

A bench of Justices B.R. Gavai and A.G. Masih passed the interim order as it heard a special leave petition filed by the Delhi government against the December 24 order of the Delhi HC, asking the parties to enter into an MoU by January 5, 2025.

Issuing notice, the Justice Gavai-led Bench sought responses from the Union government and other respondents, including AIIMS Delhi in the matter. In its impugned judgment, a bench headed by Justice Prathiba M. Singh of the Delhi High Court said that the scheme would have to be implemented in its entirety in order to ensure that the residents of Delhi are not deprived of the funds and all the facilities under the PM-ABHIM (Ayushman Bharat Health Infrastructure Mission).

“The non-implementation of the PM-ABHIM Scheme in Delhi, when 33 States and UTs have already implemented the same, would not be justified,” added the Bench, also comprising Justice Manmeet Pritam Singh Arora.

It had clarified that this MoU will be signed irrespective of a model code of conduct, if any, as the scheme is for the benefit of the citizens of Delhi.

“This MoU shall be signed irrespective of a model code of conduct, if any, as the same has been monitored by this court and is for the benefit of citizens of Delhi. The said MoU be placed before this court on the next date of hearing,” said the Delhi HC.

In an earlier hearing, the Delhi High Court had noted that the PM-ABHIM scheme was being implemented only for diagnostic labs at the Indira Gandhi Hospital on a pilot basis and the Delhi State Health Mission and the Mission Director National Health Mission were in talks with each other regarding the implementation of the PM-ABHIM Scheme in Delhi.

Before the apex court, the Delhi government argued that the impugned decision redefined the executive powers of the Union government regarding public health in the national capital, contrary to the constitutional scheme.

It added that under the Ayushman Bharat scheme, the Centre will bear 60 per cent of the capital expenditure and the Delhi government 40 per cent but will not take any of the running costs.

The PM-JAY was launched by the Union government to achieve Universal Health Coverage (UHC) for Economically Weaker Sections (EWS) and Below Poverty Line (BPL) families in line with the recommendation of the National Health Policy 2017. The scheme, providing health coverage of Rs 5 lakh, covers more than 12 crore poor and vulnerable families (approximately 55 crore beneficiaries) across the country.

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