No Justification For Not Implementing Legislation: Apex Court Issues Directions To Union & State Govts For Implementation Of National Commission For Allied & Healthcare Professions Act

The Supreme Court today issued directions to the Union Government, the State Governments and the Union Territories to take steps and file a compliance report to implement the National Commission for Allied & Healthcare Professions Act, 2021('NCAHP Act'), as well as the establishment of the respective Professional Councils and State Allied & Healthcare Councils, as mandated by the Act.

A petition was filed seeking the implementation of the Act and further directions. The Court had issued notice in the petition on September 22, 2023. 

The Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra ordered, "Though this Court has entertained the petition in September 2023, the fact remains that the provisions of the Act have still not been implemented. The proliferation of illegal allied healthcare education institutions and affiliating bodies, is a matter of serious concern. The Parliamentary legislation was intended to provide a legislative framework to protect the public interest against the proliferation of illegal institutions and bodies. Despite the passage of years since the enactment of the law, both the Union Government and the State Government have completely failed to discharge their statutory responsibilities. No counter has been filed by the Union Government. We see no justification for the Union Government not to have taken action and to respond to the proceedings. Similarly, there is no justification available on record for not implementing the provisions of a parliamentary legislation."

The Court directed, "Accordingly, we direct as follows 1) The Union Government and all the State Governments shall on or before 12th October, 2024 take necessary steps to implement the provisions of the Act; 2) The Union Ministry of Health and Family Welfare shall, within a period of two weeks from the date of the order, convene a virtual/online meeting of all the Secretaries and the State Ministries of Health and Family Welfare and a definite roadmap consistent with the above direction shall be laid down for the purpose of ensuring the requisite steps to implement the provisions of the Act are taken, Infrastructure is set up by all the States and the provisions of the Act are made functional, not only in letter but in spirit as well by taking necessary action in that regard; 3) All these States and UTs file their compliance reports to the Secretary of Union Ministry of Health and Family Welfare before next date of hearing. The compliance report shall be complied in a tabulated statement and be presented before this Court on behalf of the Union Ministry of Health and Family Welfare by the next date of hearing."

The Court also ordered that it may take recourse to coercive steps if there is a failure to abide by the above directions and implementation of the legislation. 

The Counsel for the Petitioners submitted that the 19 parties have not even entered appearances and there are more than 14 States and Union Territories (UTs) that have not even formed the State Councils as required under the Act. "Apart from this, there have been a lot of illegalities that have been happening...", he added.

CJI said, "The Union of India has not complied with its obligation."

Counsel submitted, "The National Commission has been constituted but apart from that nothing really has happened. They have created a body and left it...In the brief note that has been given, we are asking for specific aspects i.e. immediate directions. Constitution of State Councils by all States and Union Territories under Section 32 in a time-bound manner after framing of Rules under Section 66...Professional Councils have to be constituted as per Section 10, Advisory Councils under Section 12."

The Counsel also added that the Professional Councils under Section 10 and Advisory Councils under Section 12 have to be constituted by the Union Government. 

Additional Solicitor General Vikramjit Banerjee appeared on behalf of the Union and submitted that they would file the counter affidavit within two weeks.

CJI said, "Mr Banerjee, the notice was issued in September 2023...It is a Ministry concerned for the implementation of the Act...What have you done so far?"

Banerjee replied, "I will put everything on record."

The PIL filed by the Joint Forum Of Medical Technologists Of India (JFMTI) through the Advocate-on-Record Joby P. Varghese assisted by Advocate Upamanyu Sharma seeks the urgent implementation of the NCAHP Act to regulate and standardize the allied healthcare sector in India, ensuring better quality healthcare services and education.

In the PIL, it is submitted that the NCAHP Act came into force on May 25, 2021. However, even after two years, its provisions have not been implemented. The Petitioner asserts that, according to the initial timeline, the State Councils should have been constituted within six months. Instead of implementing the provisions of the NCAHP Act, the Central Government has repeatedly extended the timeline for its implementation, with five such extensions granted to date.

The Medical forum has also stated that not even a website for the National Commission has been created by the Central Government to date. Along with the implementation and availability of the State Councils, the PIL seeks to establish procedures for the registration and licensing of Allied and Healthcare Professionals, as per the NCAHP Act. Additionally, it seeks the implementation of uniform model course curricula, approved by the Ministry of Health & Family Welfare, to ensure consistency in professional courses, qualifications, job roles, and career pathways.

Cause Title: Joint Forum Of Medical Technologists Of India (Jfmti) & Ors. v. Union of India & Ors. [W.P.(C) No. 983/2023]