Case Note & Summary
The Supreme Court of India initiated a suo motu writ petition in response to the unprecedented humanitarian crisis caused by the COVID-19 pandemic. The Court took note of the situation on 22 April 2021 and issued notices to the Union of India, State Governments, Union Territories, and petitioners before High Courts. The jurisdiction was assumed under Article 32, with the Court clarifying that it does not erode High Courts' jurisdiction under Article 226, but rather addresses issues transcending state boundaries. The Court directed the Central Government to report on coordination for allocation of resources, declaration of essential commodities, and logistical support for transportation and distribution. It appointed amici curiae to assist in the proceedings. The Court received affidavits from the Union of India and States/UTs on four key issues: supply of oxygen, enhancement of critical medical infrastructure, availability of essential drugs, and vaccination. The Disaster Management Act, 2005 was invoked as COVID-19 qualifies as a disaster, with the National Disaster Management Authority responsible for the National Plan. The Court adopted a bounded-deliberative approach to facilitate dialogue among stakeholders, emphasizing the protection of the right to life under Article 21 and right to equality under Article 14. The order includes detailed directions on oxygen allocation, medical infrastructure, drug availability, and vaccination, with further hearings scheduled for state-specific discussions and consideration of interlocutory applications.
Headnote
A) Constitutional Law - Jurisdiction - Article 32 and Article 226 - Supreme Court of India - The Supreme Court assumed suo motu jurisdiction under Article 32 to address the COVID-19 pandemic crisis, emphasizing that this does not erode High Courts' jurisdiction under Article 226, which remains important for state-specific issues. The Court focused on issues transcending state boundaries and affecting the entire nation, adopting a bounded-deliberative approach to facilitate dialogue among stakeholders without usurping executive or legislative roles. (Paras 4-5) B) Disaster Management - National Plan and Coordination - Sections 2(d), 2(e), 2(n), 3, 6, 11 Disaster Management Act, 2005 - COVID-19 qualifies as a disaster under the Disaster Management Act, 2005, triggering the Act's provisions for management. The National Disaster Management Authority (NDMA) is responsible for approving the National Plan, which includes measures for prevention, mitigation, preparedness, response, and rehabilitation. The Court directed the Union of India to report on coordination and allocation of resources under this framework. (Paras 6-8) C) Public Health - Essential Supplies - Oxygen Allocation and Availability - Not mentioned - The Court directed the Union of India to provide details on projected oxygen demand, steps to augment availability, monitoring mechanisms, basis for allocation from the central pool, and methodology for daily state requirements communication to ensure supply meets needs. (Paras 3-4) D) Public Health - Medical Infrastructure - Hospital Admission Standards - Not mentioned - The Court directed the Union government to consider framing a policy specifying standards and norms for admitting patients to hospitals and COVID-19 centres, based on projected healthcare professional requirements and anticipated needs. (Paras 3-4) E) Public Health - Essential Drugs - Availability and Price Control - Not mentioned - The Court directed steps to ensure availability of essential drugs like Remdesivir and Favipiravir, modalities for price control, prevention of hoarding, and proper communication of requirements from district to state to central levels for effective monitoring. (Paras 3-4) F) Public Health - Vaccination - Pricing and Allocation - Not mentioned - The Court directed the Union of India to clarify projected vaccine requirements, modalities to meet deficits, steps to enhance availability, administration modalities for different age groups, allocation between states, procurement of other vaccines, and rationale for differential pricing between central and state sourcing. (Paras 3-4)
Issue of Consideration
Management and distribution of essential supplies and services during the COVID-19 pandemic, including supply of oxygen, essential drugs, vaccination, and medical infrastructure
Final Decision
The Supreme Court directed the Union of India to provide reports and consider policies on supply of oxygen, enhancement of medical infrastructure, availability of essential drugs, and vaccination, with further hearings scheduled for state-specific discussions
Law Points
- Article 32 and Article 226 of the Constitution of India
- Disaster Management Act
- 2005
- right to life under Article 21
- right to equality under Article 14
- bounded-deliberative approach
