SUPREME COURT STAYS DELHI HC ORDER ASKING AAP GOVERNMENT TO SIGN MOU WITH CENTRE TO IMPLEMENT PM-ABHIM SCHEME

PM-ABHIM scheme: The Supreme Court on Friday stayed the Delhi High Court order asking the Delhi government to sign a Memorandum of Understanding (MoU) with the Centre to implement the PM-Ayushman Bharat Health Infrastructure Mission (PM-ABHIM) scheme in the national capital.

A bench of Justices B R Gavai and A G Masih stayed the high court’s December 24, 2024, order asking the Government of the National Capital Territory of Delhi (GNCTD) government to sign the MoU by January 5, 2025, irrespective of the imposition of the Model Code of Conduct in the run-up to the Assembly elections, after hearing the AAP government’s appeal against it.

PM-ABHIM is a central government scheme that aims to strengthen public health infrastructure to respond to future pandemics and outbreaks.

Appearing for the Delhi government, Senior Advocate A M Singhvi contended that the Centre’s powers with respect to the NCT are limited to matters under Entries 1, 2 and 18 in the State List (i.e. public order, police, and land). He argued that health being a state subject, the Delhi government cannot be forced to enter into the MoU.

Singhvi added that the high court order had the effect of redefining the power of governments with regard to the health sector. He submitted that signing the deal would mean the Government of India would bear 60 per cent of the capital expenditure and 0 per cent of running expenditure but Delhi would bear the remaining 40 per cent. Singhvi said that the reach and coverage of the NCT government’s own scheme was much larger.

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The Delhi government has chosen not to implement the PM-ABHIM scheme although the All India Institute of Medical Sciences director had stated in a report that it was only being implemented for diagnostic labs at the Indira Gandhi Hospital on a pilot basis.

A division bench of the Delhi High Court on December 12 last year directed that National Health Mission officials hold a meeting focused on implementing the PM-ABHIM Scheme in Delhi.

The high court had reviewed a suo motu petition from 2017 along with other related petitions concerning health infrastructure. Over time, the court has issued several directions to the Delhi government to implement the Dr Sarin Committee report, which focuses on enhancing and streamlining the city’s health infrastructure.

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2025-01-17T12:42:12Z